How your claim is funded
Claims of this kind are usually pursued as a complaint to the firm and, if necessary, to the Financial Ombudsman Service, the Pensions Ombudsman or the Financial Services Compensation Scheme, rather than through the courts. There is no provision for us to recover our costs from your opponent, so we act under a contingency fee agreement.
If your claim succeeds, our charges are a fixed fee based on the amount of compensation you recover, set according to our scale of fees for financial claims, plus VAT. If your claim does not succeed, you pay us nothing. Our scale is set at the maximum fees allowed by the SRA Claims Management Fees Rules, and we will never charge more than these:
| Band | Total Compensation Received | Maximum % rate of charge (Inc VAT) | Maximum total fee (Inc VAT) |
|---|---|---|---|
| 1 | £1 - £1,499 | 36% | £504.00 |
| 2 | £1,500 - £9,999 | 33.6% | £3,000.00 |
| 3 | £10,000 - £24,999 | 30% | £6,000.00 |
| 4 | £25,000 - £49,999 | 24% | £9,000.00 |
| 5 | £50,000 or above | 18% | £12,000.00 |
Please note: both the ‘Maximum % Rate’ and the ‘Maximum Total Fee’ include VAT at the prevailing rate of 20%.
Where the percentage and the cash maximum for your band give different figures, the lower of the two applies. VAT (currently 20%) is then added to the fee. Because the fee depends on the amount you recover, we cannot state the exact figure now, but we will confirm it in writing as soon as we know the amount of your compensation.
You may already have Before the Event (BTE) legal-expenses insurance — for example as an add-on to a home policy. If you do, it may cover your claim differently, so it is worth checking. Please tell us if you have any such policy and send us the details within 14 days; if we do not hear from you, we will assume you have none.
If you would prefer, we can instead act on an hourly-rate basis (our rates range from £140 to £330 plus VAT depending on who does the work). You would then pay our charges whether or not your claim succeeds, so most clients prefer the contingency fee agreement. Legal aid is not available for this work
What will be deducted from your compensation
The most important section — please read it in full.
If your claim succeeds, we deduct a fixed fee from your compensation — set by our scale of fees for financial claims in the Charging Table above. If it does not succeed, you pay us nothing. Any expenses (disbursements) are additional and are explained below.
Our fee depends on how much compensation you recover: we use the scale in the Charging Table above — the lower of the percentage or the cash maximum for your band. The fee is worked out from the amount you recover, not from the time we spend.
This is only an illustration. Suppose your claim succeeds and you recover £10,000 (which falls in the £10,000–£24,999 band).
| Compensation you recover | £10,000 |
|---|---|
| Our fee — 25% of £10,000 (this band; below the £5,000 maximum) | £2,500 |
| VAT on our fee (20%) | £500 |
| Deducted from your compensation | – £3,000 |
| Compensation you keep (before any expenses) | £7,000 |
Any disbursements (see below) would be additional. Before we pay you, we will always send you a clear statement showing your compensation, the fee, the VAT and any expenses. All figures are illustrative.
Expenses (disbursements)
Some expenses (disbursements) may be needed to run your claim — for example fees for your financial and pension records or an expert report. We will discuss any significant expense with you before we incur it. These expenses are additional to our fee and, if your claim succeeds, are deducted from your compensation; if your claim is not successful, we will tell you clearly at the outset which, if any, you would be responsible for.
Alternative Ways to Claim
You do not have to use a solicitor. You can complain to the Financial Ombudsman Service yourself, free of charge, at financial-ombudsman.org.uk, or to the Pensions Ombudsman at pensions-ombudsman.org.uk (enquiries@pensions-ombudsman.org.uk). If the firm that advised you has stopped trading, you may instead be able to claim through the Financial Services Compensation Scheme at fscs.org.uk, also free of charge. We can advise you on which route applies; it is your choice whether to use us.
Cancellation
Because we have arranged this agreement with you at a distance or away from our office, you have the right to cancel within 14 days of signing, without giving a reason and at no cost. To cancel, tell us in writing (by letter or email) within the 14 days. If you ask us to start work during the 14-day period and then cancel, we may charge for work reasonably done up to cancellation. After your claim succeeds, the deductions explained above apply as normal.