Though APJ have significant experience in submitting claims for Mis-sold Financial products, please note that you do have a choice as to whether or not you instruct us to act on your behalf. While many choose to do so, individuals are not required to use the services of a firm to pursue their claim. It is possible for an individual to present a claim themselves, either to the person against whom they wish to complain or to the relevant statutory ombudsman or the statutory compensation scheme for free, where the claim is one that falls within a statutory compensation scheme, such as the Financial Ombudsman Scheme or the Compensation Scheme.

APJ have proven abilities to successfully challenge decisions made by various statutory bodies and can also deal with any shortfalls which involve litigation as a regulated firm of solicitors. Full details of our fees and disbursements will be provided before you decide to engage our services.

Mis-sold pensions & investments : If you have lost money after receiving negligent advice to move your pension into a mis-sold investment we may be able to help you claim thousands in compensation.

Undisclosed Commissions / Rescission : Many Brokers accept a fee from the lender to secure business for them. If this fee wasn’t disclosed to you, it could mean that you entered into a loan agreement that was unfair to you. You didn’t have all the facts. Were you able to choose the best deal available to you at the time or were you sold a loan that the broker/lender wanted you to choose? You may have paid more than you should have as a result.

Professional Negligence : Professional negligence occurs where a professional fails to perform their responsibilities to the required standard. A claim may be based on one or more of the following; a breach of a contractual term (express or implied), a breach of duty of care owed in the tort of negligence, a breach of fiduciary or statutory duty.

At APJ, we are a dedicated and professional law firm that put the needs and experience of our clients at the forefront of what we do. We will never cold call you to pressurise you into using our services, we only get in touch once we have received your permission following your completion of an enquiry form on our website. We have a live chat function on our website to contact our First Response Team directly.

One of our advisers will call you to discuss your situation and note all the information you provide us with. This will result in 3 outcomes:

• We believe we can help you and will send you our pack for you to fill in.
• We will require more information from you in order for us to accurately assess the situation.
• We won’t be able to help you but can provide you with some avenues that may.

You will not be charged for this initial assessment.

Different time periods, called ‘limitation’ periods are allowed for various types of claims. If the relevant limitation period is missed, it provides an absolute defence to a claim on the grounds it is time-barred, irrespective of the strength of the underlying claim.

Complaining to a business: Complaints to a business must be within six years of the cause of the complaint happening. FOS will not investigate the complaint unless the complainant wasn’t aware, they had a reason to complain at the time. The Complainant must then lodge a complaint within three years of becoming aware (or when they ought reasonably to have become aware) that they had cause to the complaint.

Final Response Letter: Where a business sends a final response letter to a complaint then the complaint to FOS must be made within 6 months from the date the final response was sent. The relevant rule is DISP 1.6.2 which states the Final response letter must include a FOS standard explanatory leaflet and provide the website address of the FOS. This means that if a response to a complaint doesn’t contain all the required elements, it is not considered a final response and a complaint can be considered by FOS even after 6 months.

A self-invested personal pension, or SIPP is a flexible retirement investment option designed specifically for those who want to manage their own fund and make their own investment decisions.

While standard pensions are managed for you, SIPPs afford much more freedom, allowing you to stay in control of your savings, and meaning you can switch your investments, whenever and wherever you choose.

Susan Plevin took legal action against Paragon Personal Finance Ltd after she had PPI added to a loan. The retired lecturer discovered that 71.8 percent of the PPI premium was taken as commission.

Susan argued that the failure to disclose this commission level amounted to an unfair contractual relationship.

In 2014, the Plevin vs Paragon Personal Finance Ltd (Plevin) case was heard by the Supreme Court. The court ruled that as the PPI seller failed to disclose to Susan Plevin that it had received a large commission from the product provider, this amounted to an unfair contractual relationship under the 1974 Consumer Credit Act.

An unfair relationship is found when a lender has mis-sold a financial product for personal gain. The relationship is established in the purchase of financial products such as mortgages or loans.

In many cases, lenders paid a commission to brokers who arranged the loans, which was added to the cost of the loan, even when the customer wasn’t aware and/or it wasn’t required by consumers.

If a customer has taken out a loan and the lender has not disclosed how much commission they received, it’s likely that they have formed an unfair contractual relationship.

The Financial Conduct Authority is an independent body set up in 2013 by the Government, that regulates over 58, 000 financial services firms, to protect consumers and ensure that all those that use this service get a fair deal.

FCA website states they regulate the conduct of around 50,000 businesses /prudentially supervising 48,000 firms /setting specific standards for around 18,000 firms

We are not authorized by the FCA but we are included on the register maintained by the FCA so that we can carry on insurance distribution activity, which Is broadly the advising on, selling and administration of insurance contracts.

The Financial Ombudsman Service is an independent body set up in 2000 by the Government, that helps consumers settle disputes with financial services firms, and each complaint is thoroughly investigated to ensure that those that use these services are treated fairly.

The Financial Services Compensation Scheme was set up in 2001 by the Government, that protects consumers when financial services firms “go bust”, but the maximum pay-out is £85,000 which in large numbers of cases is only a fraction of the losses incurred.

If a claimant dies, we can only speak to the person who is formally appointed to deal with their Estate.

If they left a Will – that is their Executor.

If they did not leave a Will – that is their Administrator.

Both would be appointed by the Probate Court.

We would also need the death certificate for the deceased and ID for the Executor/Administrator.

A Contingency Fee Agreement is a contractual arrangement between a solicitor and the client addressing how APJ will be paid. This type of agreement covers all work carried out by APJ before litigation. If court proceedings become necessary, then the work will be covered by a Conditional Fee Agreement.

Under the terms of the Contingency Fee Agreement, APJ will only be paid if you win the case, and APJ’s fees will then be calculated as a percentage of the amount recovered or percentage cash value of non-cash benefits. The percentage amount will be specified in your agreement.

Your agreement will set out when APJ considers the case to be won. This will usually be when any amount is recovered from any paying party.

If the case is lost, then APJ will not recover its fees from you, but you will still have to pay disbursements/expenses incurred on your behalf. We will advise you at the outset of the likely costs to be incurred.

Usually, the agreement will not cover disbursements incurred on a client’s behalf. This could include for example expert fees, and counsel’s fee. If we need to incur expenses on your behalf, then you will be advised about this. If you win your claim, these costs will need to be deducted from your settlement.

You must pay attention to the terms of the agreement given to you at the outset of your claim.

If you decide to stop your case part way through, or we are unable to get instructions from you, you are unreasonable, or you decide to instruct another solicitor/business for the same matter, then we are entitled to recover all of our fees and expenses incurred from you even if the case does not continue. These fees will then be calculated based on the normal hourly rate. Full details of your obligations are contained in the agreement and our terms of business.

Under a Contingency Fee Agreement, the fees are usually paid at the end of the case. However, you will receive cost updates when necessary throughout your claim because solicitors are professionally obliged to keep the client informed of the costs incurred, even if they are not yet payable, or may not become payable under the terms of the agreement.

VAT will be added to our charges at a current rate of 20%.

This is a contractual arrangement between the solicitor and the client addressing how the costs of the case involving court proceedings will be funded. The agreement is also known as a “no win no fee” agreement. If the case is lost, then the client pays either no fee, or reduced fees as contained in the agreement. If the case is won, then the opponent is usually ordered to pay the base costs plus expenses incurred. The client will be liable to pay the success fee, and any insurance premium.

Solicitors usually calculate their fees on the basis of time spent for all work done on the client’s behalf and is usually calculated in 6 minute units. The hourly rate applied will differ depending on who is working on your case, and their level of experience. You will find the hourly rates set out in the agreement.

The success fee is a percentage uplift on the base costs that becomes payable by the client if the case is won. It reflects the risks taken by the solicitor in the event that the case is lost, and the solicitor is unable to recover any fees.

The success fee can be set at up to 100% of base costs but will be capped so that it remains proportionate to the level of damages you receive. Your solicitor will assess the risks in your case and the agreement will indicate the level of the success fee applied based on the merits and value of the claim.

The calculation of the success fee is not related to the actual amount of damages that you may receive (unlike the Contingency Fee Agreement explained above).

If the case is lost, or the definition of success is not met, then you will pay reduced fees or no fees. These terms will be written in your Conditional Fee Agreement. You will still have to pay disbursements and expenses incurred on your behalf, and you may also have to pay some of your opponent’s costs. Often, some or all these expenses can be covered by legal expense insurance.

Usually, the CFA will not cover disbursements incurred on a client’s behalf. This could include for example, Court fees, expert fees, and Counsel’s fee. If we need to instruct an expert to progress your claim, then you will be advised about this. In a successful claim, these costs can normally be recovered from the opponent. Any insurance premium purchased on your behalf will not be covered under the CFA. If you win, it will need to be paid from your damages, and if you lose, it will be self-insured.

The agreement will not cover an adverse costs order, this means that you might be ordered to pay some or all of your opponent’s legal costs. Usually the legal expense insurance will cover this. You must pay attention to the terms of the agreement. If you decide to stop your case part way through, or we are unable to get instructions from you, or you decide to instruct another solicitor/business for the same matter, then we may be able to recover all of our fees and expenses incurred from you even if the case does not continue.

The Conditional Fee Agreement will not cover the cost of counterclaims against you, or the cost of any appeals.

Legal expense insurance helps you cover the costs of the case incurred outside of the above agreements, such as court fees and any opponent’s costs payable. You may already have this insurance or we can obtain this for you.

Before we obtain insurance on your behalf (after the event insurance) you should consider whether you already have legal expense insurance in place. This type of insurance could cover our fees, any order to pay your opponent’s costs and disbursements. You might find this in a home insurance policy, credit card or trade union membership. If you have this type of cover, then we will be able to check the terms for you and see whether all your risks are covered.

If you do not have before the event insurance, then we might recommend the purchase of an after the event insurance policy to protect you for the costs risks not covered by the funding agreement.

If this type of policy is recommended, then we will provide you with a recommendation and details of the premium cost. The premium is calculated based on the risks, and the extent of cover needed. We will provide full advice to you. The premium is not payable upfront and is deferred until the end of the claim. If you win, the premium must be paid by you out of your compensation. If you lose or cannot continue the claim through no fault of your own, then the premium is normally self-insured, i.e. you do not need to pay it.

If you lose your case through no fault of your own, the after the event insurance provider will pay any costs that you owe to the event or third party such as experts and court fees, and will pay its own premium.