Financial Mis-selling Terms and Conditions of HT Legal Ltd

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Last Updated: 30th April 2024

Introduction:

In this document, “we/us/our” refers to HT Legal Ltd, and “you/your” refers to the client.

Definitions:

  • Charges: Fees for pursuing your claim, including any entitled costs.
  • Claim: Your claim for compensation or other relief.
  • Compensation: Any sums awarded or paid in relation to your claim.
  • Costs: Charges, disbursements, and applicable taxes including VAT.
  • Disbursements: Payments made on your behalf, such as court fees.
  • Fast Track Claim: A claim treated as allocated to the Fast Track.
  • Lien: Our right to retain your property until all dues are paid.
  • Lose: Your claim is dismissed or stopped on our advice.
  • Multi-track Claim: A claim treated as allocated to the Multi-track.
  • Opponent: The party from whom you seek compensation.
  • Small Claim: A claim treated as allocated to the Small Claims track.
  • Start Date: The date this agreement begins, confirmed by email.
  • Win: You recover compensation.

Basis of Our Contract:

This contract is a conditional fee agreement under sections 58 and 58A of the Courts and Legal Services Act 1990 and the Conditional Fee Arrangements Order 2013.

What is Covered by This Contract:

  • Your claim for compensation or relief for financial mis-selling arising from your motor finance agreement.
  • Applications for pre-action or non-party disclosure.
  • Actions under data protection legislation.
  • Applications to an Ombudsman or financial compensation scheme.
  • Negotiations or court assessments of claim costs.
  • Proceedings to enforce a judgment, order, or agreement.

What is Not Covered:

  • Any appeal against the final judgment or order without prior agreement.

Our Charges and Disbursements:

We operate on a no-win, no-fee basis. If you win, you pay our charges and disbursements, which are usually recovered from your opponent. Charges vary based on whether your claim is a small claim, Fast Track claim, or Multi-track claim.

Small Claims:

  • Fixed fee: £1,500 + VAT, capped at 40% + VAT of compensation.
  • Additional costs may be prescribed under the Civil Procedure Rules 1998.

Fast Track and Multi-track Claims:

  • Hourly rates apply, depending on the experience of the fee earner.
  • Hourly rates: £300 (over 8 years’ experience), £275 (over 4 years’ experience), £250 (other experienced earners), £175 (trainee solicitors and paralegals).

Cap on Charges:

  • Maximum of 40% + VAT of the compensation.
  • Additional charges may apply if you are awarded costs by agreement or court order.

VAT:

  • Charges include VAT at the current rate (20%).

Adverse Costs:

We recommend insuring against the risk of paying opponent’s costs. We suggest a policy with Financial and Legal Insurance, with whom we have an agreement. The policy provides comprehensive cover, is paid from compensation if you win, and the premium is self-insured.

Responsibilities:

Our Responsibilities:

  • Act in your best interest subject to our duty to the Court.
  • Provide best advice on settlement offers.

Your Responsibilities:

  • Provide clear instructions.
  • Avoid improper or unreasonable requests.
  • Cooperate and not mislead us.
  • Not settle directly with the opponent.
  • Inform us of any payments or offers from the opponent.
  • Allow compensation to be paid directly to us.

Time Limits for Claiming:

Claims must be made within 6 years of the start or end of your agreement, depending on the claim type. We will not issue court proceedings solely to extend limitation periods.

How Long Will It Take:

The duration varies by case complexity and opponent’s attitude. Complicated cases may take over a year.

Ending Our Contract:

You can end this contract anytime. After the cancellation period, you agree to pay our costs as if you had won. We can end the contract if you breach your responsibilities, are unlikely to win, or reject settlement advice. If we end the contract, you owe our charges calculated on the win assumption.

Consumer Contracts Regulations 2013:

Required information is provided in this document. You have the right to cancel within 14 days of receiving our contract email. Inform us via telephone, post, or email.

Contact Details:

Complaints Procedure:

Handled by our Legal Manager. Complaints unresolved within 8 weeks can be taken to the Legal Ombudsman.

Miscellaneous Matters:

We may exercise a lien for unpaid costs and audit files confidentially. Files are archived for six years post-completion. Professional indemnity insurance is underwritten by [Insurer].

Governing Law:

This contract is governed by English and Welsh law, with exclusive jurisdiction to their courts.

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