Client Terms of Engagement

Retriever Claim is a trading style of Claim Simple Ltd (Company Number 11459714) of The Old Fuel Depot, Twemlow Lane, Holmes Chapel, Crewe, CW4 8GJ. Claim Simple Ltd is authorised and regulated by the Financial Conduct Authority (FRN 830182).

1. Definitions

• 'Retriever Claim'refers to Retriever Claim as a trading style of Claim Simple Ltd, and includes all references to 'Us', 'We' and 'Our' within this contract.
• 'Claim'means any intended action by the Client to pursue a claim for compensation in respect of: a tenancy deposit protection failure under sections 213 and 214 of the Housing Act 2004 (no protection, late protection, or failure to provide prescribed information); or housing disrepair under section 11 of the Landlord and Tenant Act 1985, the Defective Premises Act 1972, the Homes (Fitness for Human Habitation) Act 2018, or under the express terms of the Client's tenancy agreement.
• 'Client'means the tenant (or former tenant) who has appointed Retriever Claim to act on their behalf in respect of a Claim and includes all references to 'You' and 'Your'.
• 'Landlord' means the landlord, letting agent, managing agent, freeholder, or any other party against whom the Claim is pursued.
• 'Letter of Authority' means any letter signed by You and returned to Us providing authorisation for Us to act on Your behalf in respect of Your Claim.
• 'Compensation' refers to any amount received by the Client in respect of redress awarded for the Claim, calculated as the total of any cash received, any amount applied against rent arrears or other deductions, and any other financial benefit as a result of the Claim.
• 'Reasonable Offer'means any offer of Compensation made by the Landlord (or their representative) which Retriever Claim, acting in the Client's best interests, deems to be fair and appropriate.
• 'Panel Solicitor'means the solicitor firm appointed to handle the litigation aspects of the Claim where Court Proceedings or pre-action correspondence is required. Retriever Claim's current panel solicitor for tenancy deposit and housing disrepair claims is Burys Solicitors (7th Floor, Walker House, Exchange Flags, Liverpool, L2 3YL).
• 'Success Fee' means the agreed fee payable by the Client to the Panel Solicitor on successful conclusion of the Claim, capped at 25% (inclusive of VAT) of the Compensation recovered.

2. Conduct of Engagement

• You are aware that you are not required to use a Claims Management Company to pursue your claim. You can submit a Claim yourself, or use free alternative routes including the Housing Ombudsman Service (for social-housing tenancies), the relevant tenancy deposit protection scheme's free dispute resolution service (DPS, TDS, MyDeposits), the local authority (for housing disrepair), or the County Court directly. You understand that you have the right to 'shop around', and confirm that you have chosen Retriever Claim to pursue your Claim.
• You have chosen to appoint Retriever Claim to review, assess, and where appropriate refer your Claim to a Panel Solicitor for pursuit on your behalf, and agree to be bound by the terms of this Contract.
• You have given Retriever Claim your full authority to engage with the Landlord and any third party (including a Panel Solicitor, a tenancy deposit protection scheme, or other relevant body) on your behalf, and to request any information necessary to assess and pursue your Claim.

3. Obligations of the Client

• You agree to ensure that any information supplied to Us is correct to the best of your knowledge and not deliberately misleading.
• You agree to deal promptly with any reasonable request made by Retriever Claim or the Panel Solicitor to supply additional information, including new Letters of Authority, documentary evidence (such as tenancy agreements, deposit payment confirmations, notices to vacate, correspondence with your Landlord), proof of identification, or written instruction. Failure to do so may result in termination of this agreement under Clause 5.4.
• You agree to inform us promptly of any communication received from the Landlord (or their representative), including any requests for information, offers of redress, and payments of Compensation as a result of any Claim submitted.
• You give Retriever Claim and the appointed Panel Solicitor the exclusive right to deal with your Claim. You will not instruct another company or representative to deal with this Claim on your behalf, or pursue this Claim yourself, without first terminating this Contract under Clause 5.2.
• You agree not to enter into any settlement agreement with the Landlord without consultation with Retriever Claim or the Panel Solicitor.
• You agree to pay any Success Fee owed to the Panel Solicitor on successful conclusion of your Claim, subject to the 25% inc VAT cap.

4. Obligations of Retriever Claim

• We agree to assess your case using the information provided by You and refer it to a Panel Solicitor for pursuit where We believe a valid Claim exists.
• We agree to inform you promptly should we believe there is no valid Claim to be made, with no fee payable for this assessment.
• We agree to handle initial correspondence with You until the Panel Solicitor takes over conduct of the Claim, and to remain reasonably available to assist with progress updates.
• We agree to use all reasonable methods, working alongside the Panel Solicitor, to obtain the greatest amount of Compensation for your Claim, and always act in Your best interests.
• We agree to inform You promptly where an Offer of Compensation is made by the Landlord and will advise (in conjunction with the Panel Solicitor) whether we believe it to be a Reasonable Offer.
• We agree to maintain confidentiality at all times in accordance with our Privacy Policy.
• Referral fee disclosure (LASPO s.56): You acknowledge that Retriever Claim (via Claim Simple Ltd) may receive a referral fee from the Panel Solicitor for introducing your Claim. The current arrangement is a fee of £500 (inclusive of VAT) payable by Burys Solicitors to Claim Simple Ltd upon your engagement with Burys. This referral fee does not affect any Success Fee charged to you, and does not affect your right to choose your own solicitor.

5. Termination / Cancellation

• A 14-day 'Cooling-Off' period will commence from the day you sign these Terms of Engagement. Within this time, you may cancel this agreement with Retriever Claim without charge. To exercise this right, you may make a clear statement by post or email. Written notice may be sent to Retriever Claim, c/o Claim Simple Ltd, The Old Fuel Depot, Twemlow Lane, Holmes Chapel, CW4 8GJ.
• You may cancel this agreement at any time after the Cooling-Off period; however, if the Panel Solicitor has obtained a Reasonable Offer of Compensation by the date of cancellation, the Success Fee will be payable in full. If no Reasonable Offer has been received but work has been undertaken by Us or the Panel Solicitor, you may be required to pay a Cancellation Fee which will be reasonable and reflective of the work completed to that date. See our Cancellation Policy for full details.
• We may cancel this agreement at any time, and no fee will be payable, if your Claim is unlikely to succeed, is deemed invalid, or you fail to meet your obligations under Clause 3.
• If you do not respond to reasonable requests from Retriever Claim or the Panel Solicitor as set out in Section 3, we may terminate this agreement after fair notice to comply.
• We retain the right to give written notice of our intent to cancel this agreement if you enter into an Individual Voluntary Arrangement, are adjudged bankrupt, or have a receiver appointed under the Mental Health Act 1983.
• You are required to inform us if you are, or have ever been, adjudged bankrupt, or subject to an Individual Voluntary Arrangement. Failure to disclose this may affect the amount of compensation paid to you, but does not relieve you of any fee owed.

6. Data Protection

• Claim Simple Ltd is the Data Controller within the meaning of the UK GDPR and the Data Protection Act 2018. Retriever Claim operates as a trading style of Claim Simple Ltd and processes personal data under Claim Simple Ltd's authority. Details of how we manage your personal data are set out in our Privacy Policy.
• You may request access to, correction of, or deletion of any personal data we hold for you at any time, free of charge.

7. Compliance and Governing Law

• If you would like to raise a complaint about the service provided you may contact us at any time. Full details of our Complaints Procedure are available on our website.
• This Contract is governed by the Laws of England and Wales.