OUR BUSINESS TERMS & CONDITIONS

1. WHAT WE WILL DO FOR YOU:

1.1 WACCA, (We or Us) will provide you with information about the latest challenges made by WACCA members and will provide you with access to Our recommended external lawyers (External Solicitors) who will review the circumstances of your case to determine whether they will take your case forward.

1.2 If the External Solicitors decide that You have a claim with a good chance of success, they shall ask for Your agreement to irrevocably consent to them acting on Your behalf to resist any action to recover the debt and/or any savings in Your indebtedness. You will enter into an agreement directly with the External Solicitors for the provision of these services.

1.3 Where the External Solicitors consider it appropriate, they will pursue on Your behalf claims for the remaining balances of unenforceable credit agreements to be declared unenforceable and for future repayments to be discontinued. Where the solicitors consider it practicable they may claim reimbursement of repayments made, plus statutory interest.

1.4 We will pass your information to the External Solicitors and provide you with exclusive access to up to date information about other pending cases undertaken by the External Solicitors. Subject to condition 8.2 (ie the member's right to cancel within 14 days) below, this fee is non refundable. Our Solicitors will then contact you directly if they intend to take on your case and advise You of any further course of action required.

2. WHAT WE WILL NOT DO FOR YOU:

2.1 We will not advise You to pursue a claim that in the External Solicitors’ opinion has no realistic chance of success, or where the amount in issue does not in our opinion justify the likely work involved. We will not offer any legal advice directly in the event of it becoming apparent that Your claim should go to court, but We will refer You to the External Solicitors to give You direct legal assistance.

2.2 We will not take steps to remove any negative credit entry that Your bank, lender or insurer may have registered against Your name or household, but we will refer you to our specialist solicitors and lawyers to give you direct legal assistance where this is possible.

2.3 We will not offer You financial or tax advice. We do not hold Ourselves out as solicitors or as giving You legal advice but We do offer support throughout the process.

2.4 You do not require Us to disclose or account for Our interests provided there is no contravention of applicable regulations, rules or codes of conduct.

2.5 We make no representation or warranty to You that Your agreements are unenforceable by the debt collectiors or unfair, that the creditor has breached any duty, or made unfair charges. We do not warrant or represent to You that any compensation or reduction of debts is guaranteed. We make no representation or warranty to You regarding compensation or reduction in debt as to how much may be received or when. We reserve the right at any time, at our absolute discretion, not to pursue the claim. This is without prejudice to any rights You may have to make a claim.

2.6 Once Our solicitors have provided You with their advice Our service to You will be complete and We will not be obliged to pursue Your claim any further. Our solicitors will (if required) progress Your claim after this time.

2.7 We shall not be liable for any delay or other failure to perform any services by the External Solicitors or any other party by reason of any cause whatsoever beyond Our reasonable control such as delays caused by 3rd parties and the time for performance shall be extended by the period of any such delay due to such circumstances.

3. WHAT WE EXPECT FROM YOU:

3.1 To help Us act for You in an effective manner. To provide Us promptly with payment of the membership fee of £195 (inclusive of VAT).

3.2 To promptly provide Us with all relevant information and items We request to enable the External Solicitors to pursue Your claim within a reasonable time if Your case is selected by the External Solicitors.

3.3 To authorise Us to act on Your behalf to pass your information to the External Solicitors who may contact Your bank, lender, insurer or such other persons, firms or companies as they consider necessary to perform the Services.

3.4 Not to ask Us to work in an improper, illegal or unreasonable way. To give Us truthful, accurate and full information. Not to attempt to or actually mislead Us in anyway or provide Us with information You should believe to be untrue or to conceal from Us information you should believe to be true. Not to provide Us with inaccurate documents or fail to provide Us with documents You should believe to be relevant.

3.5 Not to appoint any other claims handling business or any other person, firm or company to provide the services the External Solicitors provide under this agreement during the term of this agreement without Our prior written consent.

3.6 Not to pursue the claim during this agreement personally.

3.7 To read all of our terms and conditions and to confirm by ticking the appropriate box on the Application Form that You have read, understood and accepted them.

3.8 To retain a copy of our terms and conditions for Your own reference.

4. INTERACTIVE SERVICES

4.1 We may from time to time provide interactive services on our site, including, without limitation:

4.1.1 Chat rooms.

4.1.2 Bulletin boards.

4.1.3 Comment facilities

(interactive services).

4.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

4.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

4.4 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

5. CONTENT STANDARDS

5.1 These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

5.2 Contributions must:

5.2.1 Be accurate (where they state facts).

5.2.2 Be genuinely held (where they state opinions).

5.2.3 Comply with applicable law in the UK and in any country from which they are posted.

5.3 Contributions must not:

5.3.1 Contain any material which is defamatory of any person.

5.3.2 Contain any material which is obscene, offensive, hateful or inflammatory.

5.3.3 Promote sexually explicit material.

5.3.4 Promote violence.

5.3.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

5.3.6 Infringe any copyright, database right or trade mark of any other person.

5.3.7 Be likely to deceive any person.

5.3.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

5.3.9 Promote any illegal activity.

5.3.10 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

5.3.11 Be likely to harass, upset, embarrass, alarm or annoy any other person.

5.3.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

5.3.13 Give the impression that they emanate from us, if this is not the case.

5.3.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6. SUSPENSION AND TERMINATION

6.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

6.2 Failure to comply with these terms constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

6.2.1 Immediate, temporary or permanent withdrawal of your right to use our site.

6.2.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

6.2.3 Issue of a warning to you.

6.2.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

6.2.5 Further legal action against you.

6.2.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

6.2.7 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

7. OUR FEES

7.1 Where You are entitled to a refund (please see paragraph 8.2 below) You must request this from Us in writing so that We can ensure that the payment is sent to Your latest correctly spelt address. The payment will be made by cheque or debit/credit card repayment at our absolute discretion.

7.2 Our membership fee covers the submission of your documents to our central server for review by our recommended solicitors to determine whether Your case is suitable for taking forward.

7.3 In some instances the copies of the loan documentation or correspondence which You send to Us, may contain a number of other credit agreements which form part of the same financial arrangement. The charge will remain the same for such composite agreements as for a single agreement.

8. CANCELLING THIS AGREEMENT

8.1 We can immediately cancel this agreement at any time if You breach Your duties set out in condition 3 above or if You accept an offer that We consider inadequate or reject an offer that We consider to be reasonable. We can cancel this agreement if You are judged bankrupt or You enter a voluntary arrangement. In these circumstances We may charge You the full fees for the work as a reasonable estimate to charge for the services We have undertaken for You. In the event that We make such a charge We will notify You in writing of our intentions.

8.2 You have a right to cancel this agreement within 14 days of receiving these terms and conditions and receive a full refund, less an administration charge of £15. If You wish to cancel this agreement, You must e-mail to Us notifying Us. In this event, We will refund Your fee within 30 days of the date on which You e-mail to Us to cancel this agreement. Any such request must be made to: inconfidence@wacca.co.uk.

8.3 Cancellation of this agreement by either party must be by email.

 

9. CONFIDENTIALITY

9.1 Both parties agree to keep confidential the subject matter of this agreement and any information (whether written or oral) acquired by that party in connection with this agreement and not to Use any such information except for the purpose of that party performing its obligations under the agreement.

9.2 Both parties agree that the provisions of condition 6.1 shall not apply to information already in the public domain (other than as a breach of condition 6.1) or to information which the law or a court order requires to be disclosed or to a party's legal advisers (who must keep it confidential).

9.3 The restrictions contained in condition 6.1 shall continue to apply following the termination of the Contract without limit in time.

10. COMPLAINTS

10.1 We operate a complaints procedure. If You wish to make a formal complaint, please send Your complaint in writing to the following address: [insert contact details]. We will endeavour to acknowledge Your complaint in writing within 5 days of Us receiving it. We will then issue our final response to You within 8 Weeks of Our receipt of Your complaint.

11. GENERAL

11.1 If any part of this agreement is held by any court to be wholly or partly void or unenforceable, its other provisions and the rest of the affected provisions shall continue to be valid.

11.2 Nothing in this agreement excludes or limits any party's liability for fraudulent representation or other frauds or for personal injury or death caused by negligence or fraud.

11.3 Failure or delay in exercising Our rights shall not amount to waiving those or other rights.

11.4 Persons other than You and Us have no rights to enforce this agreement.

11.5 This agreement supercedes prior communications between You and Us.

11.6 WACCA is the trading name of Quercus Veritas Limited a company registered in England and Wales under company number 06966499 and whose registered office is at 6th Floor, Albemarle House, 1 Albemarle Street, London, W1S 4HA