Terms of Engagement
Fullbrook Associates Limited, Stirling Business Centre, Wellgreen, Stirling, FK8 2DZ (hereinafter referred to as “Fullbrook Associates Limited”)
(hereinafter referred to as “We”)
We do HEREBY AUTHORISE AND INSTRUCT Fullbrook Associates Limited, Stirling Business Centre, Wellgreen, Stirling, FK8 2DZ to negotiate the recovery of monies we have paid in respect of our timeshare product with XXXXXXXXXXXXXXXXXXXX (hereinafter referred to as “The Timeshare Provider”) from my credit provider.
- We understand that Fullbrook Associates Limited can only act on information and instructions given by us and we do not assume that they have knowledge of factual matters. If there are any changes in my instructions, which will be provided verbally or in writing, we will notify Fullbrook Associates Limited immediately.
- We understand that Fullbrook Associates Limited will take instructions directly from us or anyone authorised to act on our behalf and that where Fullbrook Associates Limited act for more than one person and only one person gives instructions, Fullbrook Associates Limited have the right to assume that that person has authority to do so by the other person accepting that if there is any potential conflict of interest, it is our obligation to advise Fullbrook Associates Limited immediately. We accept that every person for whom Fullbrook Associates Limited acts is equally responsible for the instructions given by them and for payment of fees and outlays in connection with that matter.
- We understand our business shall be handled by Fullbrook Associates Limited’s legal department to whom we shall direct our instructions during office working hours of Monday to Friday 9am-5pm. We understand and consent to all calls being recorded for training and monitoring purposes.
- If Fullbrook Associates Limited negotiate settlement terms to recover monies paid for our timeshare product, they will consult with us before agreeing any settlement.
- We agree to be bound by this agreement and further agree not to instruct, negotiate or accept terms of settlement from any other source whilst this agreement is in force including terms we have negotiated ourselves.
- We understand that we have an obligation under this agreement to assist Fullbrook Associates Limited in their negotiations and communications with the timeshare provider. We are required to disclose to Fullbrook Associates Limited all written and verbal correspondence relating to this matter and will co-operate fully throughout the duration of our claim.
- We understand that if we obstruct Fullbrook Associates Limited in carrying out their duties or negotiate this matter ourselves or employ or engage a third party in any way whatsoever, without Fullbrook Associates Limited’s express prior written consent, such consent not to be unreasonably withheld, we shall be in breach of this agreement and the company who referred us will be liable for the reasonable costs of Fullbrook Associates Limited of performing their services which they have incurred to that point in relation to the negotiation of the relinquishment of our timeshare product.
- Fullbrook Associates Limited will not accept any offer of settlement or incur any fees or disbursements without our prior written consent by way of a signed mandate authorising the same, subject to us being advised what is reasonable by Fullbrook Associates Limited.
- In the event that legal proceedings are required for Fullbrook Associates Limited to obtain a recovery of monies paid for our timeshare product, then Fullbrook Associates Limited will not proceed with the same unless they have obtained our express written consent and provided advice on the prospects of success, risks and costs involved. We understand there will be no cancellation fee charged if, after receiving the above advice, we opt not to proceed.
- We understand and accept that we will be liable to pay outlays for any Consumer Law claim which we instruct Fullbrook Associates Limited to negotiate on our behalf and that we are liable to pay those to Fullbrook Associates Limited directly. We are not liable to pay legal fees for this work as this will be undertaken on a speculative basis. We make an irrevocable agreement to pay Fullbrook Associates Limited a success fee of 25% + Vat of all monies recovered on our behalf to Fullbrook Associates Limited within 7 days of receiving their note of fee.
- Fullbrook Associates Limited reserve the right to claim 25%+Vat of any amount that we may recover ourselves or that may be recovered by any third party which we instruct to act as our agent should this agreement be breached.
- We agree to pay any Court costs or Disbursements that may be required but we understand that we may be able to claim these costs back if my action is successful.
- We understand that if the matter was to be litigated and contested we may have to attend Court and agree to do so. All associated litigation costs/ fees are our sole responsibility on the understanding that we will be fully informed as to our potential liability as to costs before litigation is commenced. Fullbrook Associates Limited have no obligation to pay or underwrite the cost of our litigation but litigation will not be commenced without our prior consent. We understand that failure to attend a Court hearing may lead to costs being claimed against us.
- We understand that under no circumstances will Fullbrook Associates Limited make any payment of monies due to us by third parties, unless they have received and acknowledged and agreed to implement, in writing, properly signed mandates from us authorising them to make such payments but that they do reserve the right to refuse to implement any mandates and that any monies due to be paid to us shall be paid to us by Fullbrook Associates Limited by cheque in our sole names only.
- We understand that Fullbrook Associates Limited are regulated by the Financial Conduct Authority in respect of regulated claims management activities. We enclose our pre-disclosure information sheet for your information.
- We understand we have the right to cancel, without penalty and without giving any reason within 14 days from the day on which we sign these contractual terms and conditions. We understand we must, before the expiry of the relevant deadline, notify our intention to cancel following the practical instructions given to us by Fullbrook Associates Limited. The deadline shall be deemed to have been observed if the notification, if on paper or another durable medium, is dispatched before the deadline expires.
- We understand we may also cancel the agreement at any time. However, if we do cancel the agreement after the 14-day cooling off period, Fullbrook Associates Limited reserve the right to charge us for their reasonable fees to the date of cancellation to a maximum fee of £300 inclusive of VAT.
[Hereafter, “you” refers to the client and “us” / “we” refers to Fullbrook Associates Limited.]
- The Anti-Money Laundering Regulations require us to be satisfied as to the identity of all clients and as to the source and destination of any funds passing through the firm’s hands. To enable us to meet these requirements, we require each and every person instructing us to provide us with at least two forms of identification so that we may copy these for our file (i.e. current passport; current driving licence with signature and current address shown); utility invoice/account (gas, electricity, telephone or council tax) or bank or credit card statement, all of which must be less than three months old, with full names and current address shown. We require sight of the original forms of identification and copies are not acceptable unless they are certified copies. We reserve the right to withdraw from acting for you at any time if you fail to provide us with the information requested of you and which is required in connection with this firms’ Anti-Money Laundering Procedures. A schedule of acceptable forms of identification is attached. We have agreed that Collins Harper will provide this to us however, in the event that they do not provide that to us, you become solely liable to provide us with that same identification.
- The Proceeds of Crime Act and the Anti-Money Laundering Regulations make it a criminal offence for us not to report an infringement of any suspicion we may have of an infringement of the Act or the Regulations – however small the amounts involved. We require to make a report in accordance with the relevant Act and Regulations to the Serious Organised Crime Agency (SOCA). This includes any tax evasion or fraudulent activity of which we may become aware, even if it has been committed by someone who is not a client. Our staff and directors shall be subject to prosecution and If possible a fine or imprisonment if we fail to submit a report when we should have done so. Further, it is also a criminal offence if we tell you that we have submitted a report. In the very unlikely event that you were to tell us of an illegal act which results in financial gain (i.e. proceeds of crime), whether you are involved or not, we are legally bound to submit a report about it to SOCA. These rules override our obligations to client confidentiality and shall apply to any information we gain from you.
- Except as provided below, this Agreement, including all information relating to you, Fullbrook Associates Limited and the case itself, is subject to absolute confidentiality and as such, while it is in force and for six months thereafter, you and Fullbrook Associates Limited MUST NOT:
- Discuss details, distribute or disclose any part of this documentation to any person or third party whosoever excluding legal professionals we may instruct to provide legal advice and/or services;
- Discuss, distribute or disclose any details in part or full about this case across any internet forums, blogs or any social media channels whatsoever. Disclosure of any kind under this agreement constitutes a breach save for clause 21 below.
- You MUST: