Terms and Conditions

Stanton Fisher is committed to protecting the personal privacy of its clients and any information pertaining to that client.

We value your privacy in respect to all personal information we receive from you as a result of the use of this site. We will treat any and all information received confidentially and will only use that information to allow us to deal with your enquiry or to handle your claim, with the exception of where the law requires us to disclose it, or where it is necessary to disclose the information to comply with a regulatory or legal process.

If you wish to see the information we hold on you, you are within your rights to make a request and we will provide this information. We cannot guarantee that any emails sent to us by you will be received safely and securely, and also cannot guarantee that any emails sent to you by us will be secure. Please contact us via telephone or post if you are in any doubt or wish to check the status of an email sent to us by you or sent to you by Stanton Fisher. 

1. Definitions:                                  

1.1 ‘Claim’ means the Client’s Claim and/or contemplated action including Court proceedings against the Company for Compensation relating to the application of unlawful charges to the account(s), or loans or financial agreements or to mis-sold payment protection insurance policies or to any unfair and/or misleading commercial practices undertaken by the Company.
1.2 ‘Client’ means the holder(s) of a policy, bank account, credit card account or party to a regulated Credit Agreement authorised to appoint Stanton Fisher and the nominated Solicitor to undertake the processing work required to investigate their Claim, collate and package all of their evidence and to present the Claim to the Company on the Client’s behalf for Compensation.
1.3 ‘Company’ means the financial Institution and/or persons to whom the Letter of Authority is addressed, being the Insurance Company, Bank, Building Society, Credit Card Company or Financial Advisor or any other entity which applied the unlawful charges or undertook any unfair and/or misleading commercial practices or mis-sold payment protection insurance policies (or their employee, servant, agent, director, representative and associates).

1.4 ‘Compensation’ means any sums paid or awarded to the Client whether by way of settlement, damages or any other Compensation in the Claim, whether in repayment of premiums, reduction of debt or other financial benefit and including any interest received as a result of the processing of the Client’s Claim by Stanton Fisher and/or the Solicitor.
1.5 ‘Stanton Fisher’ means Stanton Fisher Limited, (a company registered in Ireland No. 519192) of The Anchorage, Charlotte Quay, Dublin 4.
1.6 ‘Solicitor’ means the Solicitor instructed by the Client from a panel of Solicitors to work with Stanton Fisher on the Client’s Claim.
1.7 ’Fee’ means the agreed fee for the time spent working upon the Client’s Claim which is capped at a maximum of 26.83% + VAT of the gross Compensation (inclusive of all taxes) which will be payable to Stanton Fisher and the Solicitor for the Services provided in accordance with the invoice that will be sent to the Client at the successful conclusion of the Claim and which will be payable by the Client immediately upon receipt of a Compensation award.
1.8 ’VAT’ means the VAT rate in Ireland at the prevailing rate at the point of invoice which is currently at 23%.
1.9 ‘Letter of Authority’ means the signed letter from the Client giving Stanton Fisher and the Solicitor the Client’s authority to act in the Claim.
1.10 ’Minimum Fee’ means the lower of a sum equivalent to the Fee or a reasonable fee for the work done that reflects the time spent working upon the Client’s Claim in accordance with our scale of fees.
1.11 ‘Services’ means the claims processing services provided to the Client by Stanton Fisher and the Client’s Solicitor including investigating the Client’s Claim, collating and packaging all supporting evidence to the Claim and making the Claim for Compensation from the Company which are all provided strictly in accordance with the Client’s instruction.
1.12 ‘Terms’ means these Terms of Engagement.
 

2. Conduct of Engagement.

2.1 By completing, signing and returning the Letter of Authority and these Terms, the Client hereby agrees to be bound by the Terms and appoints Stanton Fisher and the Solicitor to undertake the processing work required to investigate the Client’s Claim, to collate and package all supporting evidence to the Claim, to make and complete the Claim for Compensation to the Company.
2.2 By completing and signing the Letter of Authority the Client gives to Stanton Fisher and the Solicitor his/her/their consent and full authority to obtain relevant information and deal with the Company on the Client’s behalf until the conclusion of the Claim.
2.3 The Client is aware that they could complain directly to the Company at no cost and/or make a complaint to the Financial Ombudsman Service but hereby confirms their instructions to engage the Services of Stanton Fisher and the Solicitor to process their Claim.
 

3. The Client.

The Client:

3.1 Will deal promptly with every reasonable request by Stanton Fisher and the Solicitor for authority, information, documents and further instructions that they may, from time to time, require. 
3.2 Will promptly inform Stanton Fisher and the Solicitor of any relevant matters affecting the Claim, in particular receipt of any documents, letters or payments from the Company sent to the Client directly.
3.3 Will be liable for the Fee for the time spent working upon the Client’s Claim or the Minimum Fee (see 5.2 & 5.5 below).
3.4 Understands that whilst they are liable for the Fee in the event of a Compensation award being made, until the Compensation award is made by the Lender and/or Court then Stanton Fisher and the Solicitor agree for the Client to defer payment of the Fee. However upon receipt of Compensation, the Client will become immediately liable to pay the Fee.
3.5 Will immediately inform Stanton Fisher if the Company pays the Client(s) directly and will in these circumstances immediately forward the Fee to the Solicitor.
3.6 Hereby agrees to the Company paying the Compensation to the Solicitor and for it to retain the Fee and pay Stanton Fisher before remitting the balance to the Client.
3.7 Will not instruct any other firm to pursue the Claim during their agreement with Stanton Fisher and the Solicitor nor pursue the Claim themselves without first providing the required notice of cancellation to Stanton Fisher and the Solicitor (see 5 below).
3.8 Understands that for the avoidance of doubt, if Stanton Fisher and/or the Solicitor are unsuccessful in achieving a Compensation award for the Client or are unable to pursue the Claim then the Client will not be liable for the Fee.
3.9 Fully understands that their agreement with Stanton Fisher and the Solicitor does not mean that Stanton Fisher will be responsible for paying the Solicitor but that the Solicitor agrees to take on and fund the expense of the Client’s litigation in the event that litigation becomes necessary, until the successful conclusion of the Claim at which point the Client will be required to pay the Fee. Although the Client remains directly responsible for the costs of the case, neither Stanton Fisher nor the Solicitor will charge the Client unless there is a successful conclusion to the Claim.
3.10 Understands that should they instruct the Solicitor to commence recovery proceedings against the Company then in the event of losing this action, the Client would not be liable for the Fee.
3.11 Understands that if a Compensation award is made by the Court together with costs, the costs awarded will only cover the Solicitor’s charges and not those of Stanton Fisher. Therefore the Client is still responsible for payment of the Fee and agrees to pay the Fee to Stanton Fisher upon receipt of a Compensation award.
3.12 Has read and agrees to the Client Care Letter and all associated documentation provided by Stanton Fisher and the Solicitor.
3.13 Is not obligated to take legal action and commence Court proceedings at any time. In the event that the Company rejects the Client’s claim and the Client decides not to proceed with legal action, they will not be charged a cancellation fee.
 

4 Stanton Fisher will:

4.1 Work under the Client’s instruction and with the Solicitor to process the Client’s Claim.
4.2 Rely on the information and documents provided by the Client as being true, accurate and so far as possible complete. 
4.3 Use its reasonable endeavours to obtain the maximum Compensation for the Claim.
4.4 Promptly notify the Client if the Claim is unable to be pursued.
4.5 Promptly notify the Client of the outcome of the Claim.
 

5. Cancellation & Termination

5.1 Commencing on the date you sign these Terms and the Letter of Authority, you have 14 days to cancel the Services and authority instructing Stanton Fisher and your Solicitor to act on your behalf (‘Cooling-off Period’) by giving us notice in writing, at no cost to you to Stanton Fisher Limited, The Anchorage, Charlotte Quay, Dublin 4 and would strongly advise you to retain proof of postage of this notice. In the alternative, your cancellation notice can be provided by email to info@stantonfisher.ie and it is important that you obtain a “read receipt” to ensure your email is received by us.  You can also use the cancellation form attached to cancel the Services but you are not obligated to use this.     
5.2 You may cancel the Services by giving notice in writing to Stanton Fisher at any time. However if you cancel the Services outside of the Cooling-off Period at point 5.1. you may be responsible for payment of our fees. If we have not succeeded in obtaining an offer of Compensation by the date of cancellation we will charge you a cancellation fee for the work done in dealing with the Claim which will be reasonable and reflect the time spent working upon your Claim up to the date of cancellation in accordance with our scale of fees, details of which are provided within your Client Care Letter which by signing this document, you acknowledge that you have read and are in agreement with the contents. These charges will never exceed the capped Fee (see 1.7). In addition you will be responsible for paying any actual expenses (such as Data Subject Access Request fees) which Stanton Fisher and/or your Solicitor have incurred on your behalf up to the date of any cancellation. If we have succeeded in getting an offer of Compensation by the date you cancel then it is the Fee mentioned in 1.7 of these Terms of Engagement that is payable by you. 
5.3 You must make a claim within 6 years from the date that you were mis-sold your PPI policy or within 6 years from when the Company subjected you to unfair and/or misleading commercial practices. In the Cooling-off Period if you are in any doubt or at risk of your claim being outside those time limits you should make a claim yourself urgently as Stanton Fisher and your Solicitor will not process the Claim during, and accepts no responsibility for Claims that expire within the Cooling-off Period.
5.4 Any claim by way of indirect, special or consequential damage arising out of any act or omission or commission by

Stanton Fisher and/or the Solicitor is specifically excluded.

5.5 If Stanton Fisher and/or your Solicitor terminates this agreement on the grounds of your failure to deal promptly with any request for information as set out in 3.1 you will be responsible for payment of the Fee in the event that an offer of Compensation has been made or payment of the Minimum Fee in the event that an offer of Compensation has not been made.
 

6. Confidentiality, Data Protection & Compliance.

6.1 Stanton Fisher and the Solicitor will preserve confidentiality, including the Client’s personal information (even when this Agreement has terminated and the Client is no longer a Client), save as expressly or implicitly authorised to the contrary including where disclosure is made at the Client’s request or with the Client’s consent in relation to pursing the Claim or where otherwise required by law.
6.2 Stanton Fisher will be engaged in relation to the preparation and processing of the Client’s Claim(s). Stanton Fisher is the Data Controller within the meaning of the Data Protection Act 1988 (Ireland) (as amended.)  By using Stanton Fisher you agree to be bound by the terms of our Privacy Statement and you give your consent to the data processing activities identified therein. The Stanton Fisher Privacy Statement is available on our website at www.stantonfisher.ie/privacy or a copy will be provided on request.
 

7. Agreement, Governing Law & jurisdiction.

7.1 These Terms and the Letter of Authority set out the entire agreement and understanding between you and Stanton Fisher in respect of your Claim and supersede any statements, representations, understandings, undertakings and agreements (in each case whether written or oral) made by or between us relating to your Claim.
7.2 This Agreement shall be subject to the laws and to the jurisdiction of the Courts of the Republic of Ireland.