In respect of regulated claims management activities, Humane Resources observes the Conduct of Authorised Persons Rules issued by the Ministry of Justice. Although these rules strictly apply to our work for individual clients, we will in any case observe the same principles in our dealings with corporate clients. Corporate clients, however, are exempt from the Claims Management Regulations and therefore are unable to escalate complaints to the Claims Management Regulator.
General principles
- Act fairly and reasonably in dealings with all clients.
- Ensure that any service offered is one that meets the needs of the client and satisfies the requirements of the Conduct of Authorised Persons Rules.
- Ensure that all information given to clients is clear, transparent, fair and not misleading.
- Avoid conflicts of interest.
- Where advice is given, advise the client unambiguously of ombudsman schemes or other official means of obtaining redress.
- Where advice is given, advise clients to pursue cases only if it is in the interests of the client to do so.
- Preserve the confidentiality of clients unless disclosure is required or permitted by law or by the claimant.
Advertising, Marketing and Soliciting Business
Our advertising, marketing and other soliciting of business conforms to The British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code) (accessible at www.cap.org.uk/cap/codes/ .) This website is deemed to constitute advertising and must comply with the CAP Code.
We will not engage in high pressure selling.
We shall not "cold call" in person. Any other cold calling (by telephone, email, fax or text) shall be in accordance with the Direct Marketing Association’s Direct Marketing Code of Practice.
We shall not solicit business in any way, including leaflets and advertising, in medical facilities or public buildings without the approval of the management of the facility or building.
Taking on Business
Where an assignment is likely to last more than 14 days we will normally take it on under a contract. Before seeking to enter into a contract with a client we shall make reasonable enquiries as to whether the client has alternative mechanisms for pursuing a claim. We will provide the client with the following information in writing or electronically before a contract is agreed –
- Honest, comprehensive and objective written information to assist the client to reach a decision including the risks involved in making a claim, in particular the possibility of losing money and, in the case of legal action, appearing in court.
- The services that will be provided, in a way that does not misrepresent either by implication or omission, any term or condition or by whom the service will be provided.
- The procedures that will be followed.
- Contracts that the client will be asked to agree to.
- Our fees. Where this is a percentage of compensation payable the percentage shall be indicated together with a typical example of the actual cost in pounds.
- Any referral fee paid to, or other financial arrangement with, any other person in respect of introducing a claim.
- Any other costs that the client may have to pay. including whether the client will be liable to pay any shortfall in recoverable costs or premiums from the losing defendant party.
- Documentation needed to pursue the claim.
- Procedures to follow in the event of a complaint.
- How the client may cancel the contract and the consequences of cancellation including the reimbursement of any costs paid during the cancellation period and any costs or penalty that has to be paid after the 14 day cooling off period.
- A statement that the business is “regulated by the Ministry of Justice in respect of regulated claims management activities” and the authorisation number of the business.
- We shall also explicitly advise the client of his or her right to seek further advice or to shop around, subject to any time limits within which a claim must be made.
- We shall take reasonable steps to ensure that the client is able to understand the contract that he or she is being asked to agree to.
- We shall allow a ‘cooling off’ period of at least 14 days after signing any agreement, during which period the client may cancel the agreement and be entitled to a refund of any payments made to the business. This does not apply where we have fulfilled our obligations under the contract in 14 days or less.
- Clients are permitted to withdraw from a contract at any time. Any charges shall be limited to what is reasonable in the circumstances and shall reflect work undertaken by the business.
Representing clients
Where the business has a contractual relationship with a client and also represents the client in making a claim, the business shall:-
- Advise the client that any claims documentation should be read carefully and retained.
- Assist the client to fill in any necessary forms, or check details that have been provided, but not “coach” the client to answer questions inaccurately in a way to maximise possible compensation.
- Make it clear that all the answers or statements given are the client’s responsibility.
- Ask the client to provide all documents, including in electronic form, in his or her possession that are relevant to the claim and which give evidence of a fact in the claim, and to complete a disclosure statement confirming that he has the given the business all documents that he knows about.
- Keep the client informed of the progress of the claim, including any significant changes to costs that the client may have to meet, and shall forward any relevant information received from the client without delay.
- Give prompt advice to the client about any requirements concerning the claim and advise the client without delay of any demands for additional information that may have been requested by any party via the business.
- Avoid conflicts of interest, particularly, the business shall not act for a client whose interests are in conflict with those of another client.