Terms & Conditions

Last updated: May 2025

1. Parties and Agreement

These terms and conditions ("Terms") govern the provision of claims management services by [Company Name Ltd] ("we", "us", "the Company"), registered in England and Wales (Company No. [Placeholder]), to you ("the Client").

By signing our engagement letter or by instructing us to proceed with a claim following receipt of these Terms, you agree to be bound by them. Please read them carefully.

2. Our Services

We provide claims management services in relation to business energy contracts. Specifically, we investigate and pursue claims arising from undisclosed commission arrangements between energy brokers (Third Party Intermediaries) and energy suppliers, where such arrangements resulted in inflated unit rates being charged to the Client.

Our services include:

  • Initial eligibility assessment
  • Gathering and reviewing evidence, including via Subject Access Requests
  • Calculating the estimated overcharge and compensation sought
  • Drafting and submitting formal claim correspondence
  • Negotiating with brokers and suppliers on your behalf
  • Pursuing formal dispute resolution where negotiation fails
  • Advising on and conducting litigation where appropriate and with your explicit consent

We are not a law firm and do not provide legal advice. Where the provision of legal advice is necessary, we will refer you to or instruct regulated legal practitioners.

3. No Win, No Fee

Our services are provided on a no-win, no-fee basis. Subject to Clause 7 (Termination), no fee is payable by you unless and until your claim is successfully resolved and compensation is received.

Our fee is calculated as [X]% of the total gross compensation recovered on your behalf (inclusive of VAT where applicable). The exact percentage is confirmed in your individual engagement letter before work commences.

No other charges apply unless specifically agreed in writing. There are no case setup fees, no administration charges, and no disbursements charged to the Client in standard cases.

4. Authorisation and Client Instructions

By engaging our services, you authorise us to act as your representative in connection with your claim. This authorisation includes:

  • Submitting Subject Access Requests to suppliers and brokers on your behalf
  • Corresponding with brokers, suppliers, ombudsman schemes, and courts in your name
  • Receiving and reviewing information and documents on your behalf

We will not accept a settlement or take any material step without first obtaining your explicit written or verbal instruction. You retain full decision-making authority at all times.

5. Client Obligations

You agree to:

  • Provide accurate and complete information about your energy contracts and broker relationships
  • Cooperate with reasonable requests for information and documents
  • Notify us promptly of any material change in your circumstances that may affect the claim
  • Not engage any other claims management company or legal representative in respect of the same claim without first notifying us
  • Not contact the broker or supplier directly regarding the claim without our prior knowledge
  • Respond to our communications within a reasonable period

6. Cooling-Off Period

You have the right to cancel your instruction to us within 14 calendar days of signing the engagement letter, without giving any reason and without charge. To cancel, contact us in writing at enquiries@checkmyenergyclaim.co.uk or by post to our registered address.

If you have specifically requested that we begin work before the end of the cooling-off period and you subsequently cancel, you may be liable for costs incurred up to the date of cancellation, pro-rated on a reasonable basis. We will notify you of any such costs before commencing work in advance of the cancellation period.

7. Termination

Either party may terminate the engagement at any time by giving 14 days' written notice.

If you terminate after material work has been undertaken but before resolution of the claim, a fee calculated on a quantum meruit basis (reflecting the reasonable value of work completed) may be payable. This will not exceed the contingency fee that would have been payable on resolution.

If you terminate because we have acted improperly or failed to perform the services, no fee is payable for work undertaken.

We may terminate the engagement if we conclude that your claim has no reasonable prospect of success, if you provide materially misleading information, or if you cease to cooperate with the claims process.

8. Litigation and Escalation

We will not commence court proceedings or any formal dispute resolution process without your explicit written consent. Before any escalation, we will provide you with a written assessment of the likely costs, risks, and prospects of success.

In the event that court proceedings are issued and result in an adverse costs order against you, you may be liable for the respondent's reasonable legal costs. We will discuss and quantify this risk with you before any proceedings are commenced.

9. Our Obligations to You

We will:

  • Act honestly, competently, and in your best interests at all times
  • Keep you informed of material developments in your claim
  • Provide realistic assessments and not overstate the prospects of success
  • Handle your personal data in accordance with our Privacy Policy
  • Maintain appropriate professional indemnity insurance

10. Limitation of Liability

We accept liability for losses directly caused by our negligence or breach of contract. Our liability is limited to the lesser of: (a) the fee received from you in connection with the relevant claim; or (b) £100,000, except in cases of death, personal injury, or fraud.

We are not liable for outcomes influenced by factors outside our control, including decisions by courts, ombudsman schemes, suppliers, or brokers, or for losses that were not reasonably foreseeable at the time of engagement.

11. Complaints Procedure

We take complaints seriously. If you are dissatisfied with any aspect of our service, please contact us in writing at complaints@checkmyenergyclaim.co.uk. We will acknowledge your complaint within 5 working days and provide a substantive response within 28 days.

If you remain dissatisfied following our response, you may refer your complaint to the Claims Management Ombudsman (part of the Financial Ombudsman Service) at financial-ombudsman.org.uk.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any dispute arising from or connected with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Variation

These Terms may be updated from time to time. The current version will be published on our website. Where we make material changes, we will notify you in writing if you are an active client.