1. Parties:
PCP Refund Now (PCP RN) is a trading style of RFLCS LTD, Holly House 21d Chudleigh Road, Alphington, Exeter, EX2 8TS, is registered in England (Company No. 08668345) and is regulated by the Financial Conduct Authority in respect of regulated Claims Management Activities (FRN835515); its registration is recorded on the website www.register.fca.org.uk. RFLCS LTD is registered with the Information Commissioners Office for Data Protection purposes with registration number ZA231443. This agreement is formed between PCP Refund Now and CLIENT NAME of CLIENT ADDRESS (You, Your, I).

2. Purpose:
When signed, this Terms of Business will form a contractual agreement between the parties detailed in Section 1 whereby:

PCP Refund Now will represent You in making a claim against the lender(s) who have previously provided You with Loans to purchase Vehicles via an intermediary, which may have been granted irresponsibly, or mis-sold in contravention of the Consumer Credit Act 1974, or the Consumer Credit Sourcebook (CONC) of the FCA handbook.

You will remunerate PCP Refund Now for providing this service, on a No Win – No Fee basis as detailed in Section 6 of this agreement.

3. Making Your Claim:
You instruct and authorise Us to make a claim on Your behalf. You agree to Us contacting the third parties that We need to in order to make and manage that claim. You agree to Us sharing with them the information You have provided to Us and also collecting and processing the information We receive from them. During the process, We will need to make decisions on the best way to proceed and You give Your authority for Us to use Our skill and judgement to make such decisions on Your behalf, including reaching a full and final settlement on Your behalf where We judge that to be the most appropriate conclusion. You hereby waive any rights to challenge that settlement with Us or with the lender at any time after payment has been made to You. You are aware that You could complain directly to the Company at no cost, with the ability to take matters further with the FOS or Court.

4. Your Obligations:

a. During the claim You will be asked to provide Us information about You, Your circumstances and Your loans. You must ensure that this information is accurate and honest. Knowingly providing fraudulent or incorrect information at any time may jeopardise Your claim and will put You in breach of this agreement.

b. You will, at the start of the claim, provide Us with ALL documents, including those in electronic form such as emails or computer files, in Your possession that are relevant to the claim. (You will be asked to confirm this when signing this document)

c. You will provide Us with the information detailed in 4a. which We reasonably request from You in order to pursue the claim. This includes the completion of any form or questionnaire which We ask You to complete.

d. You will read any documentation that We, or the lender, sends You and retain these documents in Your safe keeping.

e. You will advise Us immediately of any changes to the details You have provided or if You realise that information previously provided has changed or contains errors.

f. Unless We specifically ask You to, once You have appointed Us, You will not communicate directly with the lender(s) with whom We are making Your claim. This includes by email, telephone or post.

g. If correspondence from the lender is sent directly to You, You will notify Us of this within 7 days, unless We notify You that We have received this information too.

h. You authorise the lender to make payment of any compensation directly to Us. We will then deduct Our fee and forward the balance to You.

i. You agree, unless a legal or statutory requirement dictates otherwise, to receive all written communications from Us by email to the email address supplied by You. We may also use post to send such communications.

j. You will not, at any time throughout the term of this agreement, withdraw from any lender Our authority to act on Your behalf and/or work with them, without first cancelling this agreement in accordance with clause 7.

5. Our Obligations:

a. We will manage Your claim with reasonable care and diligence to ensure that where there has been a case of irresponsible lending or mis-selling, We maximise the possibility of You getting what You are entitled to. Where it is advisable to accept a reduced full and final offer from the lender, we will write to You advising of the reasons for this and seeking Your approval.

b. We will assist You to fill in any necessary forms and, where appropriate, check the details You have provided. However, We will NOT “coach” You on how to fill in these in order to maximise the claim value where this would result in inaccurate information being entered. All answers, statements or declarations are Your responsibility.

c. We will keep You updated on the progress of Your claim as it progresses.

d. If We do not feel that the claim has sufficient merit to be continued, We will advise You of this. We will then release this loan from this agreement to allow You to proceed with the claim yourself if You wish. (Please note, if We do this only that loan is released from this agreement – any other loans not notified under this clause will still be pursued by Us and a success, or cancellation, fee is payable.)

e. We have an obligation to ensure that We avoid any conflicts of interest. We therefore have the right to refuse to take on a claim, or where a claim has been started, terminate this agreement, if We suspect that this would be the case. We will provide details to You of why We are unable to continue with the claim.

6. Payment – No Win No Fee:

a. All claims are undertaken on a No Win – No Fee (NWNF) basis. Our success fee is calculated on compensation (redress) offered. This includes any refund of loan capital, interest, charges, and any amounts written off an outstanding debt as a result of the claim, as well as any interest paid on the compensation amount.

b. Our success fee is calculated as a percentage of the redress you are awarded. The below is a guide for the percentage fee we will charge based on redress awarded. This is an illustration and should not be taken as an estimate of the amount you will receive if your claim is successful.

c. Where an offer of compensation includes amounts which are written off of outstanding loan debts rather than a ‘cash in hand’ payment, Our fees are still payable. This may mean You may have to pay some, or all, of Our fees from other sources. Examples of how this works are shown in the Method of Redress document contained within the welcome pack.

Band	Redress (£)	Received % Fee	Maximum Fee
A	1-1,499	30.00%	£420
B	1,500-9,999	28.00%	£2,500
C	10,000-24,999	25.00%	£5,000
D	25,000-49,999	20.00%	£7,500
E	50,000	15.00%	£10,000

d. If We are representing You on multiple claims, either with the same lender or across multiple different lenders, We reserve the right to pay our fees owed by You on one claim with ‘cash in hand’ received from another.

e. You authorise the lenders to pay all compensation due to You directly to Us. We will then deduct Our fees and forward the balance to You within 48 business hours.

f. Where a compensation payment is made directly to You by the lender, You must notify Us within 2 days. We will provide You with an invoice which must be paid within 14 working days of receipt. Should You fail to pay this invoice within the set timescales, PCP Refund Now reserves the right to commence court proceedings to recover the debt, court costs and any other associated costs incurred by PCP Refund Now in the pursuit of recovering the debt.

a. We will cease all work on Your claim(s).
b. We will notify all of the lenders that We have made contact with that We are no longer managing Your claim.
c. We will not make any charges to You for the work already undertaken.
d. If the 14-day ‘cooling off’ period has passed You can still cancel the agreement at any stage, but will be liable to pay the following:

i. If the contract is cancelled AFTER the ‘cooling off’ period but BEFORE a compensation offer is received, then We will charge a fee of £150 plus VAT for each case to cover the cost of work undertaken up until that point.
ii. If the contract is cancelled AFTER a compensation offer is received, then the success fee of 30% plus VAT is payable.

e. If You have multiple claims under this contract and some are in state a) and some are in state b), each cancellation fee will be calculated according to current state at the point You notify Your intention to cancel.
f. Payment of cancellation fees is due within 14 days of Us invoicing You for the cancellation fee. The notice of cancellation can be sent by post or emailed to info@pcprefundnow.co.uk A cancellation request can also be made via telephone on 0333 053 7406.

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8. Breaching this Agreement:
If you breach any clause in this agreement the following will apply:

We will notify You of what You have done to cause the breach and what needs to be done by You to fix it. We will give You a period of 14 days to carry out the actions needed in order to resolve it. If this is not going to be possible You must contact us so that We can agree a mutually suitable plan to allow Us to continue to represent you under this agreement. If You fail to resolve the breach within the period specified above We will deem this to be a cancellation of the agreement and as such cancellation fees will be payable in accordance with clause 7 of this agreement.

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9. Complaints:
You can make a complaint about our service via PCP Refund Now‘s internal complaints procedure by email: info@pcprefundnow.co.uk by telephone on 0333 053 7406 or by post to PCP Refund Now, Holly House 21d Chudleigh Road, Alphington, Exeter, EX2 8TS. Should you remain unhappy you may refer your complaint to the Financial Ombudsman Service, by phone on TBA or by visiting https://financial-ombudsman.org.uk or post to: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR.

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10. Your Personal Data:

a. PCP Refund Now takes the privacy of Your personal information seriously. PCP Refund Now will only use the personal information You provide to Us as outlined both in this clause 5 and in our Privacy Policy which can be viewed at https://pcprefundnow.co.uk/privacy-policy/. PCP Refund Now asks that you read our Privacy Policy carefully and, if required, a hard copy is available upon request. During the Claims Services process Your personal information will be used to:

i. Provide the Claims Services
ii. Tell You about similar products or services relating to financial claims, by email, SMS (text message), post and/or telephone, but You can opt out of receiving these, or a specific method of communication, at any time by contacting Us.

b. PCP Refund Now will only provide Your personal information to a third-party organisation, with your explicit consent, except for the purposes of providing the Claim Services.
c. We will update You throughout Your Claim(s) by text, email and/or post.

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11. Limitations of Liability:
We shall not be liable for any costs or losses caused to You as a result of:

a. Delays caused by You in providing information or documentation requested by Us.
b. Delays in the transmission or delivery of information or documentation caused by email service providers or the postal service.
c. Claims settlement amounts later found to be lower than the maximum achievable.
d. Failure of information or documentation sent between You and Us to arrive with the other party. Any other matter which is outside of Our control.

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Before You sign this agreement, You must read the terms carefully. If there is anything that You do not understand in either document, you must ask Us for additional information or clarification before You sign this agreement. You must also carefully read the Privacy Policy as displayed on Our website (http://www.bluepandafinance.co.uk/privacy). This contains details of what We will do with your data, the consents You are giving by entering this agreement, and also Your rights under the Data Protection Act. If You do not understand any part of this document, you must ask Us for additional information or clarification before You sign the agreement. By signing this agreement, You agree to Your personal data being stored and processed in accordance with this policy.

I confirm that I have given PCP Refund Now all documentation, including that in electronic form, that I know about which is relevant to the claim.