• * UK based team with over 10 years track record
  • *Experts in Financial Claims
  • *FCA Authorised & Regulated
  • *No Win, No Fee

Investment T&C's

Terms and Conditions

By completing, signing and returning the Form of Authority and Terms & Conditions you are appointing Excell Audits LTD  trading as Wilson Morris 2nd Floor, 16/18 Lloyd Street, Altrincham, Cheshire, WA14 2DE to complete your claim for mis-sold financial products including Investment Bonds/Stocks and Shares ISA/Unit Trust/PEP or any other Investment product and agree to be bound by these Terms and Conditions.

  1. What will Wilson Morris do for you?

Contact the relevant lender (DSAR) to check whether or not there has or has ever been a contract in force for your financial product including Investment bonds/ Stocks and Shares ISA/ Unit Trust/PEP or any other Investment product.

Assess your claim and investigate its merits, and if appropriate, submit a claim for the recovery of your losses on your behalf.

Deal with all areas of your claim, including all correspondence and negotiations where required with relevant companies and/or institutions. It may be necessary for us to obtain further signed documentation to make this possible.

If, in our opinion, after the financial respondent has rejected your claim, we feel you should pursue your claim with the Financial Ombudsman Service or the Financial Services Compensation Scheme (FSCS), we will inform you.

Inform you of any/all offers of settlement we receive, evaluate them and inform you in writing whether we consider you should accept or reject the offer. You will be liable for our fees should you choose not to accept an offer of Compensation that Wilson Morris deems to be fair and reasonable.

Provide you with any material update within 20 working days and general updates every 3 months.

Always act in your best interests when pursuing your claim(s) and achieving the best results realistically obtainable.

If, as per your instruction, the recovered amount is paid directly to Wilson Morris, we will deduct our agreed fee and forward the rest of the amount awarded to you without delay.

If the payment is made directly to you, which can happen, we will forward an invoice to you for payment within 14 days of receipt of funds.

  1. What WON’T Wilson Morris do for you?

Guarantee to win a claim we accept and pursue.

Give/offer you financial and/or legal advice.

Pursue a claim that in our opinion has no realistic chance of success or does not provide an economic level of Compensation or to reject an offer we deem to be adequate.

Tell you to accept an offer we consider insufficient or reject an offer we consider adequate. We reserve the right to cancel this Agreement if you decide to accept an offer of Compensation we consider insufficient or to reject an offer we deem to be adequate.

Take your case to court (although we will inform you if we think you should).

  1. What do we require you to do?

Provide all relevant information we may request without delay, to enable us to pursue your claim efficiently.

Provide us with clear instructions and notify us if you have any outstanding liabilities owed to the respondent.

Fully Cooperate with us and inform us if you have been subject to Bankruptcy, IVA or debt relief order prior to entering into this agreement.

Not to mislead us or ask us to act in an improper or unreasonable way.

Read all claims documentation carefully and retain copies of them.

Provide us with, and ensure that we have, exclusive authority for the duration of the contact: (a) to pursue your claim, (b) to enter into correspondence and negotiations on your behalf, (c) to receive, process and provide valid receipt for any remuneration made. If payment is made directly into your bank account, you must pay our invoice within 14 days of receipt of funds.

  1. Data Protection

We will hold, control and process your personal information in accordance with the Data Protection Act 2018. By providing your personal information to us, you explicitly authorise us to process the information for the purposes set out in this paragraph. You can, at any time, request a copy of all information we hold relating to you by writing to us (a written Data Subject Access Request in accordance with the Data Protection Act). We will use the personal information you provide to assess your claim and carry out our duties in accordance with this Agreement. We may share your personal information with other companies if necessary, during the process of your claim for Redress or related Financial products. If you provide information to us about another party, you confirm that such party authorised you to do so and consents to our processing that personal information. We reserve the right to assign the fulfilment of any of the responsibilities under this agreement to a third party. We will not do so without informing you in writing, and in such event, it will be necessary to send your private data to such third parties in order for them to perform their services.

Our privacy policy can be found on our website, www.wilsonmorris.co.uk/privacy

  1. Risks and Fees

If we fail in obtaining Compensation, you pay us nothing.

Risks

“Compensation” means the total Compensation offered by the lender, whether paid in cash or to arrears. Please be advised that 8% statutory interest may be added to your settlement which is subject to income tax.
You should be aware that Compensation means financial benefit which you receive as a result of using our service, whether this is attributed to any arrears that you have or paid to you in cash. In the unlikely event you receive compensation directly to your arrears, you will still be liable to pay our fees from your own funds.

Without exception, all invoices must be paid in full within 14 days of receipt of funds.

Fees

We charge 39.6% inc VAT (at the prevailing rate) of any Compensation offered by your lender. Our fees will reduce the cash in hand redress that you actually receive.

Some examples of the Net fees;

Compensation offered is £1,000 the fee would be £396 inc  VAT.  This means the total payable to Wilson Morris is £396. The amount you would receive is £604.

Compensation offered is £3,000 the fee would be £1,188 inc  VAT. This means the total payable to Wilson Morris is £1,188.The amount you would receive is £1,812.

Compensation offered is £10,000 the fee would be £3,960 inc VAT. This means the total payable to Wilson Morris is £3,960. The amount you would receive is £6,040.

Debt Recovery
The costs of any third-party debt recovery and County Court action will be added to the outstanding debt together with statutory interest, pursuant to Section 69 of County Courts Act 1984 until the debt is paid in full.

  1. How will Wilson Morris collect our fees?

You are responsible for the payment of our fees within 14 days of receipt of funds for the agreed Compensation. Your award could come in several different ways.

How your Compensation will be paid?
The third party will send the Compensation directly to you or to any arrears you may have. When this happens, you should notify Wilson Morris that the funds have been received. We will then forward you an invoice for payment within 14 days. In the unlikely event a cheque is sent to Wilson Morris, we will forward the monies directly to you.

  1. Cancellation

Commencing on the date you sign our Terms and Conditions, whether in writing, telephone or email, you can cancel at any time within 14 days of this Agreement and Authority to act without charge. (‘Cooling-off Period”). To exercise your right to cancel you must inform us of your decision to cancel by making a clear statement by letter, email, telephone or you can also use the cancellation form available on our website (but you are not obliged to use this). If you provide your notice of cancellation in writing, please ensure this is sent to Wilson Morris, 2nd Floor, 16/18 Lloyd Street, Altrincham, Cheshire, WA14 2DE and we would strongly advise you to retain proof of postage of this notice. You may cancel this Agreement by informing us of your decision to cancel at any time.

If you cancel this Agreement outside the Cooling-off period you may be responsible for payment of our fees. If we have not succeeded in obtaining Compensation for you by the date of cancellation, we reserve the right to invoice you for termination costs charged at the rate of £60 incl VAT per hour up to a maximum of £300 incl VAT per complaint. We will provide an itemised bill if requested. If this Agreement is cancelled (by either party) when an offer of Compensation has been made which is consistent with the Financial Ombudsman Service or Financial Conduct Authority guidelines, we will enforce our charges of 39.6% inc VAT. There will be no cancellation fees payable on a specific case if you cancel prior to the completion of The Check for that lender.

We can cancel this Agreement at any time, by notifying you in writing. There will be no fee payable if we tell you your claim is unlikely to succeed, and you have fulfilled your obligations as laid out in Section 3 of this Agreement.

  1. Wilson Morris is a claims management company. You do not need a claims management company to make a complaint and if your complaint is not successful, you can take your case to Financial Ombudsman or Financial Services Compensations scheme for free.

Excell Audits Ltd trading as Wilson Morris is authorised and regulated by the Financial Conduct Authority (FRN 834468) for claims management services.

  1. Complaints Procedure

How can I make a complaint?
A complaint can be made by any reasonable means, either by letter, telephone, email or in person. You can complain in writing to: Customer Relations, Wilson Morris, 2nd Floor, 16/18 Lloyd Street, Altrincham, Cheshire, WA14 2DE
or by telephone: 0800 408 1466
or by email: customerrelations@wilsonmorris.co.uk

What happens?
On making a complaint you will receive an acknowledgement either in writing or by email within 5 working days of receipt. Our Customer Relations Department will thoroughly investigate your concerns and a full and final response will be issued within 8 weeks. All complaints will be investigated by a person of sufficient competence who was not directly involved in the matter which is the subject of the complaint.

Whoever investigates the complaint will have the authority to settle the complaint. If, after 8 weeks, we are not in a position to issue a final response we will provide reasons for the delay and indicate, in writing, when we expect to be able to issue our final response. Where we decide that Compensation is appropriate, we will provide you with fair compensation for any acts or omissions for which we are responsible and will comply with any offer of Compensation which you accept. If we do not hear from you within 14 days of receiving our response, we will assume that your complaint has been resolved and your file will be referred back to the relevant department.

I’m not satisfied with the response- what can I do?

If you have received our final response and still consider your complaint to be unresolved you have the right to refer your complaint to the Claims Management Ombudsman, free of charge – but you must do this within six months of the date of our letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was a result of exceptional circumstances. You can contact them as follows:

In writing: Claims Management Ombudsman, Exchange Tower, Harbour Exchange, London, E14 9SR
By telephone: 0800 023 4567
Website: https://help.financial-ombudsman.org.uk/help

  1. Assignment and Variation of terms

Neither party shall vary the terms of this agreement without the consent of the other party.

Assignment

The firm shall be entitled to assign its rights, duties, obligations and/or benefits under this agreement to a third-party claims handler who will take on the meaning of the Firm in this Agreement. Should an assignment take place the client does not lose any rights under this Agreement.  Any variation to the terms of this agreement following an assignment must be in accordance with the Firm.  The client is prohibited from assigning their rights, duties, obligations and/or benefits under this Agreement to a third party.

 

I acknowledge that I could pursue this claim on my own free of charge but I do not wish to do this for the following reasons: 

 

Lack of time:

 

 

 

 

 

Lack of knowledge:

 

 

 

 

 

Other:

 

If other, please state the reason:

 

 

 

 

 

……………………………………………………………………………………………………….

 

Name:  ………………………………   Signature:  ………………………………  Date: ……………………