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Financial Guidance and Claims Act 2018

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This is the original version (as it was originally enacted).

29PPI claims and charges for claims management services: general

This section has no associated Explanatory Notes

(1)This section and sections 30 to 32 make provision for a fee cap to apply in certain circumstances to charges for regulated services provided in connection with a PPI claim.

(2)The following provisions explain terms used in those sections.

(3)The fee cap applicable to the amount charged for regulated services provided in connection with a PPI claim is 20% of the amount recovered for the claimant in satisfaction of the claim.

Accordingly, where nothing is recovered (whether or not a claim has been made or concluded) the fee cap is zero.

(4)But the charging of a reasonable amount for work done for the claimant is not to be regarded as exceeding the fee cap for a PPI claim if—

(a)the amount is charged for regulated services provided in connection with the claim,

(b)no other amount is charged for those services,

(c)the claimant has terminated the agreement governing the provision of such services (whether before or after the making of a claim), and

(d)the termination was not achieved by the cancellation of the agreement during a cooling off period available to the claimant by right (whether conferred by the agreement or otherwise).

(5)References to a claim are to a claim (however described) seeking compensation, restitution, repayment or any other financial remedy or relief, whether or not the claim is made or could be made by way of legal proceedings.

(6)References to the amount charged for regulated services provided in connection with a PPI claim are references to a sum comprising all amounts charged for such services in connection with the claim (whether or not charged under a single agreement), exclusive of VAT.

(7)References to the amount recovered for the claimant, in relation to a PPI claim, include a reference to any amount which (instead of being paid to or to the order of the claimant)—

(a)is set off against a debt due from the claimant to the person against whom the claim is made, or

(b)is paid to any person other than the claimant (whether a person providing regulated services in connection with the claim or any other person) with a view to discharging the whole or part of a debt due from the claimant.

(8)In this section references to regulated services are—

(a)so far as relevant for the purposes of section 30, to be read as referring to regulated claims management services,

(b)so far as relevant for the purposes of section 31, to be read as referring to any service which is a regulated claims management activity, and

(c)so far as relevant for the purposes of section 32, to be read as referring to any service which is a relevant claims management activity (within the meaning given by subsection (5) of that section).

(9)“PPI claim” means a claim relating to the selling of payment protection insurance (whether it concerns amounts paid by the policyholder or otherwise).

(10)“Regulated claims management services”—

(a)does not include any reserved legal activities of the kind mentioned in section 12(1)(a) or (b) of the Legal Services Act 2007 (exercise of a right of audience or the conduct of litigation), but

(b)otherwise, has the same meaning as in the Compensation Act 2006 (see section 14 of that Act).

(11)“Regulated claims management activity” has the same meaning as in the Financial Services and Markets Act 2000 (see the definition inserted by this Act in section 417(1) of that Act).

(12)“Section 22(1B) specified activity provisions” means provisions of an order made under section 22(1B) of the Financial Services and Markets Act 2000 (as inserted by this Act) which specify a kind of activity as a regulated activity within the meaning of that Act.

(13)“The FCA” means the Financial Conduct Authority.

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