1. Introduction This website is owned and run by Claimspower.We want your decision to use Claimspower to pursue your claim to be the right decision for you. We are committed to providing a professional, simple to understand and easy to use service. We aim to be completely transparent in all our dealings with you and these Terms and Conditions explain our obligations. They will be at the heart of our relationship, and our contract with you. Please take the time to read them carefully.We hope you are happy with our service, but if you should have any reason to complain, please do not hesitate to contact us. A copy of our complaints handling procedure is available both on our website or by request. Brownstar Ltd, trading as Claimspower.com (“Claimspower”), is a limited liability company and a third party claims handler. Authorized and regulated by the Financial Conduct Authority in respect of regulated claims management activities (FRN 829854) ICO Ref: Z3561022.
2. Definitions 2.1. ‘The Claim’ means the Claim for compensation made by the Company on behalf of the Client against the Provider in respect of Payment Protection Insurance. 2.2. ‘The Business’ or “us” means natwestppiclaims.co.uk. “Services” means the work carried out by us including assessing the viability of, preparing, submitting and negotiating your claim(s) and negotiating payment of compensation or any other remedy or relief in respect of your claim(s). 2.3. ‘The Client’ means you the Client of the Company in respect of the Claim. 2.4. ‘Client’s Acceptance’ means the written acceptance by the Client of any Offer which written acceptance is sent by the Client either to the Company or the Provider. 2.5. ‘Client’s Acceptance Amount’ or “Compensation” means the amount of any Offer set out or referred to in the Client’s Acceptance. 2.6. ‘Letter of Authority’ means the document to be signed by the Client giving the Company authority to communicate with a Provider on the Client’s behalf. 2.7. ‘Offer;’ means an offer of financial compensation communicated to the Company and/or Client by the Provider from time to time in respect of a Claim 2.8. ‘The Provider’ means a financial institution, which has provided the Client with Payment Protection Insurance. 2.9. ‘The Regulator’ means the Financial Conduct Association. 2.10 “Fee” means the fee payable to Brownstar for services to you.
3. The Service provided by the Company 3.1. The Company shall, following receipt of all completed forms and requested information, pursue a Claim on behalf of the Client against the Provider. The Company shall investigate all potential claims for the Client during the process with the Provider. 3.2. In order to pursue a Claim, the Company will require the Client’s personal and financial details. The Company may need to request personal details, in the form of a ‘data subject access request’, from the Provider. This information will be used specifically for the purpose of pursuing the Claim. 3.3 Rely on the information and documents provided by you to us as being true, accurate and complete. 3.4 Use our reasonable endeavors to obtain Compensation for the claims which are pursued. 3.5 Promptly notify you if any claim is not to be pursued. We will act reasonably in taking any such decision. 3.6 Promptly notify you of the outcome of the claim(s).
4.The Client’s obligation to the Company 4.1. The Client agrees to fully cooperate with the Company should they require further information from the Client during the course of the investigation into the Claim. The Client agrees to provide the Company with complete and accurate details relating to the Claim. 4.2. The Client agrees to instruct the Company as the sole representative and shall not instruct another party to pursue the Claim without the written permission of the Company. 4.3. The Client agrees not to communicate directly with the Provider or with the Financial Ombudsman Service for the duration of this contract without the Company’s prior consent. Such consent not to be unreasonably withheld or delayed.
5. Fees 5.1. The Client agrees to pay the Company a fee 18% inclusive of vat of the total gross sum recovered from the Provider in respect of the Client’s Claims.
5.2. The Company will not charge the Client if the Claim is unsuccessful. 5.3. When the Provider pays the offer to the Client, the Client must pay the Company’s invoice within 14 days of receipt or of the Offer being paid. 5.4. In the event that the Client’s Acceptance Amount is used to reduce the Client’s outstanding balance with the Provider, the Client will be responsible for setting the Company’s fees as set out in 5.1 (example 1 and 3) and 5.3. In these circumstances, the Company will accept part payment of its fees equal to at least 10% of its fee,] which shall be paid to the Company by the Client in an equal amount on a monthly basis. 5.5. Where a settlement Offer is made to the client in accordance with FCA and FOS guidelines but rejected by the Client either orally or in writing to the Company then the full fee is payable. We reserve the right to charge the full fee if you fail to sign the acceptance letter and send it back to them in the allotted time period. 5.6. In the event of non-payment of the Company’s fees by the Client, the Company reserves the right to recover the costs incurred in pursuing any sum the Client owes the Company. The costs shall include debt recovery fees, court fees, bailiff fees and any other administrative costs or professional fees incurred by the Company.
6. Cancellation Process 6.1. The Company may terminate the contract, in writing, if: i). The Client threatens to cease business with the Company ii). The Client is in breach of any of its obligations as set out in paragraph 4. 6.2. The Client has the right to cancel this agreement within 14 days of signing the Company’s Letter of Authority and Terms of Business. The 14 day period will commence from the date the Client returns to the Company the Questionnaire and signed Letter of Authority and Terms of Business instructing the Company to act on the Client’s behalf. Cancellation of the agreement must be made in writing to the Company. 6.3. Should the Client terminate this agreement after the 14 day period, set out in paragraph 6.2 above, but before a Client Acceptance Offer has been made, the Client agrees to pay the Company an administration fee which shall not exceed £50 for work completed on behalf of the Client. 6.4. If at the time of cancellation, we have received an offer of compensation, which has been calculated in accordance with the rules of Financial Services Authority or the principles used by the Financial Ombudsman Service and which we recommend is accepted by you, we reserve the right to charge the full fee.
7. Complaints 7.1. Complaints must be made by letter, telephone, email or in person in respect of the service provided by the Company who is regulated under the Compensation Act 2006. 7.2. A written or electronic acknowledgment of the complaint by the Client will be sent by the Company within 48 hours of receipt, identifying the person who will be handling the complaint on behalf of the Company. Wherever possible this person will not have been directly involved in the matter. 7.3. Within 4 weeks of receipt of the complaint, the Company will send a final response adequately addressing the complaint or a holding response explaining why the Company is still unable to make a final response, giving the reasons why and an expected date for a final response; and informing the Client that they may contact the Claims Management Regulator (details as set out in 7.6) if dissatisfied with the response. 7.4. Where the Company decides that compensation is appropriate, the Company will provide fair compensation for any acts or omissions for which the Company is responsible for any direction of the Regulator. 7.5. The Company reserves the right to decline or consider a complaint that is made more than twelve months after the Client becomes aware of the cause of complaint. There may be instances whereby the Company will waive this requirement. Confirmation will be given by the Company to the Client in writing if a complaint has been made outside the time limit. 7.6. If the Client is not satisfied with the response of the Company, or if the complaint is not resolved after eight weeks of the Company is notified in writing of the complaint, the Client may refer the complaint to the Claims Management Regulator at Monitoring and Compliance Unit, 57-60 High Street, Burton on Trent, Staffordshire, DE14 1JS; Email email@example.com; Tel: 0845 4506858 7.7. The Claims Management Regulator is able to review the handling of the complaint and give advice on further handling of the complaint. However, the Regulator cannot determine a complaint or award redress.
8. Duration This agreement will remain in force until any of the following events occur: 8.1. The Company or the Client receives the Client Acceptance Amount and the Company’s invoices have been settled in full by the Client. 8.2. The Client has exercised their right to cancel the agreement as set out in conditions 6.2, 6.3 and 6.4. 8.3. The Company has exercised its right to cancel this agreement as set out in conditions 6.1. 9.Data Protection The Company will handle all personal data in accordance with the provisions of the Data Protection Act 1998. By providing the Company with personal data the Client authorise’s the Company to share these details with any organization, including the Provider, the Financial Ombudsman Service or the Regulator for the sole purpose of pursuing the claim. The Company will not pass personal data to a third party not connected with the Claim without prior consent.
10. Liability 10.1. If the Company fails to perform its service to the Client with appropriate care and skill it will carry out remedial action at no extra cost to the Client. 10.2. The Company shall not be liable to the Client or deemed to be in breach of these terms of business by reason of any delay in performing, or any failure to perform, any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s control.
11. Severance If any provision of these terms and conditions is held by any authority to be invalid or enforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
12. Applicable Law and Jurisdiction These terms of business shall be governed and construed in accordance with English Law and the parties shall submit to the non-exclusive jurisdiction of the English Courts.
1 About Us
Brownstar Limited is a data controller and is committed to protecting your privacy and takes its responsibilities regarding the security of user information very seriously. This privacy statement sets out how Brownstar Ltd t/a Claimspower complies with both UK and European Union data protection requirements. We have structured our website so that you can visit without identifying yourself or revealing any personal information. Once you choose to provide us with any information by which you can be identified, then you can be assured that it will only be used in accordance with this Privacy Notice.
This website and our services are not intended for children and we do not knowingly collect data relating to children.
If you have any queries about the policy, please get in touch with us using firstname.lastname@example.org or write to us at the address below and we will do our best to answer your questions.
Claimspower Date Protection Department 127 Fernhead Road, London, W9 3ED
2 What is Personal data?
Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as: “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
3 How we use your information
This privacy notice tells you how we, Brownstar Limited, will collect and use your personal data for example:
oTo contact you in response to a specific enquiry,
oTo provide our products and services that you request from us,
oSend you transactional communications via the contact details you have provided to us during our services;
oContact third parties on your behalf, with your specific instruction;
oSend you email notifications which you have specifically requested;
oTo personalise the website for you,
oTo send you promotional emails and mailings about Brownstar Limited’s products, services, offers and other things that we think may be relevant to you,
oOperate and manage your account and manage any application, agreement or correspondence you may have with us;
oCarry out, monitor and analyse our business;
oTo identify, prevent, detect or tackle fraud, money laundering, terrorism and other crimes,
oTo contact you via email or telephone for market research reasons
oTo form a view of you as an individual and to identify, develop or improve products that may be of interest to you.
oFor audits, regulatory purposes, legal obligations, and compliance with industry standards
oPerform other administrative and operational purposes including the testing of systems
oPlease note that we will not under any circumstances sell or share your data with third party marketing companies without your consent.
4 Why do we collect and store personal data?
We need to collect personal data in order for us to provide you with a service, to answer enquires about our services and to maintain our records. In any event, we are committed to ensuring that the information we collect, and use is appropriate for this purpose, and does not constitute an invasion of your privacy.
5 Personal data categories we collect
We may collect, use, store and transfer different kinds of personal data about you which we have categorised as follows:
This includes, first name, maiden name, last name, marital status, title, date of birth and gender
This includes, email address and telephone numbers.
This includes, bank account information and payment details.
This includes, recorded calls for quality checks and staff training. Such recordings may also be used to help us combat fraud.
This includes, internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
This includes, information about how you use our website, products and services.
Marketing and Communications Data
This includes, your preferences in receiving marketing from us and your communication preferences.
This includes statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
Special Categories of Personal Data
This includes health and vulnerability related data that you may voluntarily share with us during the fulfilment of our services to you. We will always ask for your explicit consent to record and share Special Category Data.
6 How we might collect personal data
We use different methods to collect data from and about you as follows:
When you voluntarily provide it to us: –
You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
oapply for our products or services;
orequest marketing to be sent to you; or
ogive us some feedback.
Collected automatically: –
Provided by third parties or publicly available sources: –
We may receive personal data about you from various third parties as set out below:
oTechnical Data from analytics providers such as Google based outside the EU;
oIdentity and Contact Data from publicly available sources, including Companies House and the Electoral Register based inside the EU.
7 Processing purpose and our legal basis
We will always have a legal basis for processing personal data and we have methodically assessed our purposes and legal bases.
Our legal basis for processing your information is most commonly in line with our contractual obligations to fulfil the services and products you request from us.
As a Regulated company we are audited and held to high standards for the services and products we offer. Therefore, we may be legally obligated to process personal data during regulatory audits.
In the process of delivering our services, there may be legitimate interests that we pursue, which we have tested to ensure that those interests are balanced, appropriate and we have considered any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). If you have any questions about the legal basis for our processing activities, please feel free to get in touch with our Data Protection Office.
8 Recipients of your personal data
During the course of providing the services that you request from us, we may share your information with our processing partners, known as recipients and data processors.
We conduct due diligence with both recipients and data processors around the areas of their data security protocols, data protection policies and we have strict contracts in place that govern how they process your information.
Customer Contact Centre
Our customer telephone service number that is promoted on our website is handled by Your Office and PA located at Sefton House, Runcorn WA7 1NG.
We use Enix for our IT support, infrastructure services and data backups.
Enix Ltd a company incorporated in England and Wales. Registration number 05861377, having its registered office at::Wellesley House, 204. London Road, Waterlooville,Hampshire, PO7 7AN
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
9 When we may have to disclose your personal data
We may have to disclose your personal data with other third parties as set out below. These organisations or bodies will not use your information to contact you. These third parties will be subject to obligations to process your personal information in compliance with the same safeguards that we deploy.
HM Revenue & Customs
We’re required to disclose certain data with the HMRC.
Claims Management Regulator
We’re regulated by the CMR, so we may have to disclose small amounts of data with them for auditing purposes.
There may be other regulators and authorities such as Solicitors and Accountants, acting as processors based in the United Kingdom who require reporting of processing activities in certain circumstances.
Compliance Consultants and other like services acting as processors, based in the United Kingdom who require reporting of processing activities in certain legal and compliance circumstances.
10 Making sure your data is secure
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
11 How long do we keep data?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available and you can request more details of that by contacting our Data Protection Office.
By law we have to keep certain information about our customers and this data will be held solely and securely for those legal purposes.
12 Your rights as a data subject
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
oRight of access – you have the right to request a copy of the information that we hold about you.
oRight of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
oRight to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
oRight to restriction of processing – where certain conditions apply to have a right to restrict the processing.
oRight of portability – you have the right to have the data we hold about you transferred to another organisation.
oRight to object – you have the right to object to certain types of processing such as direct marketing.
oRight to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
oRight to judicial review: in the event that Brownstar refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain and we have provided a specific section on this below.
All of the above requests will be forwarded on should there be a third party involved in the processing of your personal data.
13 Requesting access to my data
Brownstar Limited at your request can confirm what information we hold about you and how it is processed. If Brownstar Limited does hold personal data about you; you can request the following information:
oIdentity and the contact details of the person or organisation that has determined how and why to process your data.
oContact details of the data protection officer, where applicable.
oThe purpose of the processing as well as the legal basis for processing.
oIf the processing is based on the legitimate interests of Brownstar Limited or a third party, information about those interests.
oThe categories of personal data collected, stored and processed.
oRecipient(s) or categories of recipients that the data is/will be disclosed to.
oIf we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
oHow long the data will be stored.
oDetails of your rights to correct, erase, restrict or object to such processing.
oInformation about your right to withdraw consent at any time.
oHow to lodge a complaint with the supervisory authority.
oWhether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
oThe source of personal data if it wasn’t collected directly from you.
oAny details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
What forms of ID will I need to provide in order to access this?
Brownstar Limited accepts copies of the following forms of ID when information on your personal data is requested: Passport, driving licence, birth certificate, utility bill from last 3 months.
Contact details of the Data Protection Officer (DPO):
Contact Name: Data Protection Office Address line 1: Brownstar Limited Address line 2: 127 Fernhead Road Address line 3: Maida Vale Address line 4: London Postcode: W9 3ED Email: email@example.com Telephone: 0208 960 4477
14 When things don’t go as planned
In the event that you wish to make a complaint about how Brownstar Limited or third parties are processing your personal data, or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and Brownstar Limited’s data protection representatives Data Protection Officer (DPO).
The details for each of these contacts are:
Supervisory authority contact details
Contact Name: Information Commissioner Address line 1: Information Commissioners Office Address line 2: Wycliffe House Address line 3: Water Lane Address line 4: Wilmslow Address line 5: Cheshire Postcode: SK9 5AF Email: N/A Telephone: 0208 960 4477
Contact Name: Date Protection Department Address line 1: Brownstar Limited Address line 2: 127 Fernhead Road, Address line 3: London Address line 4: W9 3ED Address line 5: UK Email: firstname.lastname@example.org Telephone: 0208 960 4477
If you have any queries about the policy, please get in touch with us using email@example.com or write to us at the address below and we will do our best to answer your questions.
Claimspower Date Protection Department 127 Fernhead Road, London, W9 3ED