Terms and ConditionsProfessional Negligence Terms of Business
1. Good Faith
We accept instructions strictly on the basis that clients will at all times act in accordance with a duty of utmost good faith in all dealings with us, will fully disclose all information in their possession which may be relevant to the case or matter on which we are instructed and will promptly reply to all correspondence and telephone calls made in connection with your claim. We will not be liable in respect of any damage and/or loss suffered as a consequence of a client's breach of this duty and the right to raise any such claims is expressly waived and excluded by clients. Breach of this duty will entitle us to cease work immediately on any active matters and all fees paid will be non-refundable.
2. Client Care Matters
If there is any aspect of this firms service that you are unhappy with the designated complaints handler, David Nicklin will be able to assist. If the problem cannot be resolved informally we have a complaints procedure and this will be invoked and the matter investigated objectively and as quickly as possible. You will be notified of this in writing and at the same time provided with a copy of our complaints procedure. You may request a copy of this at any time.
3. Our Service
We will investigate, and research your property purchase and review the methods and procedures employed by the surveyor who was instructed to value your property for mortgage purposes. We will be looking for two things:
a) whether any procedural and /or technical failures exist
b) whether there appears to be a substantive failure in the valuation provided
We will retrieve the surveyors files and instruct a detailed retrospective valuation report. We may retrieve the conveyancing file and we produce an interim report which is then passed to our solicitor for review. We will return to you with a detailed report summarising our findings including a legal opinion on the viability of a claim against the surveyors for professional negligence.
Upon reviewing the solicitors report we will pass the case to one of our panel of solicitors who will decide whether the case is worthy of a challenge and we will, in conjunction with your solicitors, commence a process known as 'The Protocol'. This is a process where all parties are put on notice of impending litigation. The case argument is outlined and information is exchanged and queries are raised. This process takes around three months. Following the protocol, subject to progress and subject to the solicitors opinion and willingness to take on the case litigation will commence.
4. Our Fees
We will charge a fee of 25% of the total settlement plus VAT whether this be an out of court settlement or in court award, subject to a minimum of £1169.13. We require an initial payment of £1169.13 which will be deducted from the final fee invoice. The minimum fee of £1169.13 is payable regardless of final outcome. You irrevocably agree to authorise your solicitors (whether appointed through us or otherwise) to pay our fees direct to us upon settlement or determination of your claim.
5. Refund Policy
We will make every effort utilising our industry knowledge to try to avoid pursuing cases where there is no apparent over-valuation. However, we cannot predict what valuation will be placed on your property by the surveyors. In the event that the retrospective valuation does not demonstrate at least 15% variance with the original valuation we will reimburse £500.00.
6. Your Right to Cancel
By signing our terms of business you acknowledge that you are entitled to pursue your claim directly with the relevant parties but that you wish to instruct The Financial Claims Centre to be your sole representative to deal exclusively with your claim and that you will not enter any agreement with any third party.
7. Termination
Under the distance selling regulations, if you were first contacted by us by telephone, email, letter or fax you have a right to cancel your instruction to us within 7 days of the day that you enter into an agreement with us. You should give notice in writing telling us that you wish to cancel and address your notice to The Financial Claims Centre, Piccadilly House, 49 Piccadilly, Manchester, M1 2AP or send an email to
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
. A full refund will be given if you cancel your instruction before the expiry of the cancellation period. Your right to cancel will be lost if you instruct us to commence services during the cancellation period. The regulations require us to inform you that the work involved is likely to take more than 30 days. If you terminate our instructions after the issue of a conditional fee agreement and/or contingency fee agreement, all fees paid to that time are non-refundable. We reserve the right to terminate the retainer with a client for any reason we reasonably think fit. Clients will remain liable to pay all fees and disbursements accrued to that time.
8. Governing law and jurisdiction
The agreement between us, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
9. Entire agreement
9.1 The written agreement between you and us (incorporating these terms and conditions) constitutes the whole agreement between us and supersedes all previous agreements between us relating to its subject matter.
9.2 You acknowledge that, in entering into the agreement, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than as expressly provided in the agreement or these terms and conditions.
9.3 Nothing in this condition shall limit or exclude any liability for fraud.
10. No partnership or agency
Nothing in these terms and conditions or in the contract between us is intended to, or shall be deemed to, constitute The Financial Claims Centre as agent for your solicitors and we do not have authority to act as agent for, or to bind, your solicitors in any way.
11. Limitation of liability
11.1 This condition sets out our entire financial liability to you in respect of:
11.1.1 any breach of the agreement between us;
11.1.2 any use made by you of our services; and
11.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with the agreement.
11.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the agreement.
11.3 Nothing in these terms and conditions limits or excludes our liability:
11.3.1 for death or personal injury resulting from negligence; or
11.3.2 for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
11.4 Subject to condition 10.2 and condition 10.3, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the agreement shall be limited to the amount of our fees.
12. Data protection
You acknowledge and agree that your personal data will be processed by and on behalf of The Financial Claims Centre.
13. Declaration
I/we confirm that we have read and understood the above terms and conditions and by signing the agreement I/we confirm acceptance of the terms and conditions and authorise The Financial Claims Centre to act on my/our behalf in this matter.