1.1 The following definitions are used in this contract (i.e. wherever the words are
a) “Commission Percentage” – the percentage set out in the Order Form.
b) “Compensation” – damages, costs or any other kind of payment to which you may be
entitled from the Creditor (including under the Consumer Credit Act 1974) or Resort Owner.
c) “Creditor” – the credit card company, bank or other credit-provider which provided
credit in relation to the Timeshare Contract.
d) “FOS” – the UK Financial Ombudsman Service.
e) “Resort Owner” – the other party to your Timeshare Contract.
f) “Start Date” – the start date specified in the order form.
g) “Timeshare Contract” –the contract under which your Timeshare Property is leased or
otherwise made available to you.
h) “Timeshare Property” – your timeshare property (or properties) listed in the Order Form.
2. OUR SERVICES
2.1 We will help you to try and obtain Compensation from the Resort Owner or
Creditor by taking the following steps but only if we consider that there are reasonable
grounds to take any such step:
a) sending a letter of claim to the resort owner and negotiating on your behalf where
b) if the Resort Owner rejects your claim or fails to respond within a reasonable time,
sending a letter of claim to the Creditor (if applicable); and negotiating on your behalf where
c) if the Creditor rejects your claim or fails to respond within a reasonable time,
submitting the case to the FOS for formal adjudication; and
d) requesting a review of the adjudication and a final decision by the FOS.
e) If FOS reject the claim, we will consider the prospects of pursuing through the Courts.
2.2 We promise to inform you and seek your approval if the Creditor or Resort Owner
makes a settlement offer. If we think the offer is reasonable, and you don’t accept it
within a reasonable time, then we are entitled to end this agreement by notice in writing
and to charge you a reasonable fee for our services provided to date at £60 per hour
capped at a maximum of £300 including any applicable VAT.
2.3 You acknowledge that an adjudication in your favour by the FOS may be reversed if the
Creditor requests a review and final decision by the FOS.
2. 4 You acknowledge that this contract with Lansdown Financial is only concerned with claiming Compensation.
2.5 Very important: We cannot guarantee that you will receive any Compensation at
all or any particular amount of Compensation. This will depend, amongst other things, on
whether there are legal grounds to claim Compensation.
2.6 You acknowledge that we are not solicitors.
2.7 We will supply our services with reasonable skill and care and in compliance with all
applicable laws and regulations.
3. YOUR OBLIGATIONS
3.2 While this agreement is in force, you must not take any steps to obtain
Compensation from the Resort Owner or Creditor (including instructing / asking someone
else to help you).
3.3 If you breach clause 3.1 or 3.2, we are entitled to end this agreement by notice in
writing and to charge you a reasonable fee for our services provided to date at £60 per
hour capped at a maximum of £300 including any applicable VAT.
4. PAYMENT AND FEES
4.1 You must pay us our fee which is the Commission Percentage applied to
the amount of any Compensation you actually receive from a Creditor or Resort
Owner. VAT is payable on our fee in addition. See illustrations provided to you
before the contract.
4.2 We do not charge an upfront fee, however cancellations outside of your statutory cancellation period may attract a fee, as stated in our terms and conditions. You will pay us a commission of 30% plus VAT on all successful claim(s) we process on your behalf. Please note that you do not have to use our service as you can pursue a claim free of charge through your bank or building society. You can also refer your complaint to the Financial Ombudsman Services (FOS) free of charge.
4.3 You must notify us promptly by email if you receive any Compensation payment
directly from a Creditor or Resort Owner.
4.4 You must pay our fee in full strictly within 14 days of receiving Compensation.
5. YOUR RIGHT TO CANCEL WITHIN 14 DAYS (“COOLING OFF”)
(NB THIS SECTION OF THE CONTRACT IS DIFFERENT FROM YOUR RIGHT TO END THE CONTRACT AT
ANY TIME WHICH IS EXPLAINED IN SECTION 6 AND MAY INVOLVE PAYMENT OF A
FEE TO US.)
5.1 You have the right to cancel this contract within 14 days without giving any
reason. The cancellation period will expire after 14 days from the conclusion of the
contract. (This does not affect your separate right to end the contract at any time, explained
in section 6).
5.2 To exercise the right to cancel during the cooling off period, you must inform
us by post to: Lansdown Financial, Post Office Building, Rochdale Road, Royton, Oldham, OL2 6QJ, email address: email@example.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form at the end of this document but it is not
obligatory. To meet the cancellation deadline, it is sufficient for you to send your
communication concerning your exercise of the right to cancel before the cancellation period
has expired. (Again, this does not affect your separate right to end the contract at any time,
explained in section 6).
6. PERIOD OF THIS AGREEMENT AND ENDING THE CONTRACT
6.1 This agreement takes effect when signed by both parties and continues until your
claim is concluded or this agreement is otherwise ended in accordance with its terms.
6.2 You may withdraw from (i.e. end) this agreement at any time by sending us written
notice. If so, the firm will charge you a reasonable termination fee which reflects work
undertaken by us after the 14-day “cooling off period” mentioned above. The hourly rate is £60 capped at a minimum of £300, including any applicable VAT.
6.3 Separately from your above right to end this agreement at any time (which is subject to
payment of our reasonable fee), you may end this agreement by sending us email notice:
a) at any time before the Start Date (if this is a future date); or
b) if 24 months have passed since the Start Date without a settlement or
compensation award by the FOS.
In this case, you won’t have to pay our fee unless you have received, or later receive, a
Compensation payment in connection with our services.
6.4 We are entitled at any time to end this contract (without you having to pay us a
fee) by notice in writing to you and/or to stop providing any further services if:
a) we consider that you do not comply with the applicable criteria to make a claim
for Compensation or that you otherwise do not have a reasonable case to obtain
b) 24 months have passed since the Start Date without a settlement or
compensation award by the FOS.
7.1 Nothing in this agreement in any way limits or excludes our liability for negligence
causing death or personal injury or for fraud or fraudulent misrepresentation or for anything
which may not legally be excluded or limited. In this section, any reference to us includes our
employees and agents.
7.2 We shall not be liable for any loss or damage caused by us or our employees or
a) there is no breach of a legal duty of care owed to you by us or by any of our employees
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious
consequence of our breach or not contemplated by you and us at the time we entered into
c) such loss or damage is caused by you, for example by not complying with this
d) such loss or damage relates to a business of yours.
7.3 You will be liable for any reasonably foreseeable loss or damage we suffer arising
from your breach of this agreement (subject of course to our obligation to mitigate any
7.4 We are not liable for failure to perform this contract if due to circumstances
beyond our reasonable control including third party telecommunication failures.
8. CONFIDENTIALITY AND PRIVACY
8.1 We will only use your personal data for the purpose of this agreement and will only
disclose it to our personnel or agents who need to know the information for the purposes of
8.2 We both agree to keep the fact of this agreement and the details of our services
(including activities of our agents) confidential except to the extent necessary for
performance of this agreement. You acknowledge that this clause prohibits you from
discussing any aspect of our services on the internet including on forums, blogs or social
media. If you breach this clause 8.2, we are entitled to cancel this agreement on email
notice and charge you a reasonable fee for our services provided to date, capped at a
maximum of £300 (including any applicable VAT).
8.3 This clause is in effect during the period of this agreement and for five years thereafter.
9. OTHER IMPORTANT TERMS
9.1 Unless otherwise stated, any notices under this contract must be delivered by hand or
sent by post (special delivery within the UK or international signed for post outside the UK) to
you at the last address you have given us or to us at our trading address shown below or
which we otherwise notify you or by email subject to the email not having been returned.
Notice shall be deemed to have been given at the time of delivery if delivered by hand or 48
hours after posting or at the time of transmission in the case of email.
9.2 We may transfer all or part of our rights or duties under this contract provided we
take reasonable steps to ensure that your rights under this contract are not prejudiced. As this
contract is personal to you, you may not transfer any of your rights or duties under it
without our prior written consent.
9.3 We may subcontract all or part of our rights and duties under this contract including
to solicitors, paralegal companies or other legal specialists. If so, we will remain responsible to
you for their performance.
9.4 Nobody else has any rights under this contract unless the contract specifically
9.5 If a court finds part of this contract illegal, ineffective or unenforceable, the rest
will continue in force.
9.6 If you or we fail to or delay enforcing this contract, we can still enforce it later.
9.7 Headings in this contract are for information only and not binding.
9.8 These terms are governed by English law unless you are resident in Scotland or
Northern Ireland, in which case Scottish or Northern Irish law respectively will apply. Any
disputes will be decided only by the courts of the UK.