Terms of Engagement

By signing this document, you are entering into a legally binding agreement between you and Car Write-Off Claims, a trading style of Evans Hughes Ltd.

You have the right to cancel this agreement within a 14-day cooling-off period without charge (see section on cancellation below).

By entering into this agreement, you confirm that:

• you have read and understood the pre-contract information provided;
• you have had the opportunity to review our Privacy Policy;
• you understand that our service is chargeable; and
• you are aware that you can pursue a complaint yourself directly with your insurer and, if unsuccessful, refer the matter to the Financial Ombudsman Service free of charge (or to the Financial Services Compensation Scheme where applicable).

1. Definitions

In this agreement:

• “you” refers to the policyholder of the vehicle that has been written off (due to accident or theft), or a person authorised to act on their behalf;
• “insurer” refers to the insurance company responsible for the policy, including any successor, compensation scheme (such as the Financial Services Compensation Scheme), or authorised representative acting on its behalf;
• “our service” means the claims management service we provide, including reviewing your case, investigating your complaint, submitting claims, negotiating outcomes, and related activities;
• “compensation payout” means any monetary amount paid by the insurer as a result of the claim;
• “settlement offer” means any offer, recommendation, or decision made by an insurer, the Financial Ombudsman Service, or another authorised body.

2. Our Responsibilities

2.1 We will provide our service using reasonable care and skill.

2.2 Where, based on the information available, we believe your insurer has undervalued your vehicle or acted unfairly, we will prepare and submit a complaint on your behalf.

2.3 If your insurer rejects or does not respond to the complaint, we will review the position and, where appropriate, refer the matter to the Financial Ombudsman Service or another suitable body (subject to your agreement).

2.4 We will keep you informed throughout the process via email, telephone, post, text message, or an online portal.

2.5 We will notify you of key developments, including:

• acknowledgement of your claim by the insurer;
• requests for further information;
• any final response issued;
• referral to the Financial Ombudsman Service; and
• any significant updates thereafter.

2.6 We will seek your instructions where required, particularly in relation to any settlement offer.

2.7 We will generally rely on information provided by the insurer unless there is reasonable evidence suggesting inaccuracies or inconsistencies.

2.8 We do not provide financial, legal, or debt advice beyond our authorised claims management activities.

3. Your Responsibilities

3.1 You confirm that you have disclosed any previous complaints relating to this matter.

3.2 You agree to provide all relevant documents and correspondence promptly.

3.3 You confirm that, while this agreement is in place, you will not:

• instruct another representative in relation to the same claim; or
• pursue the claim independently.

3.4 You agree not to withdraw our authority directly with the insurer or any third party without first cancelling this agreement.

3.5 You confirm that you are not currently subject to bankruptcy, an IVA, or similar insolvency arrangement, and will inform us immediately if this changes.

3.6 You agree to provide accurate and up-to-date information and notify us of any changes (such as contact details).

3.7 You will complete and sign any documentation required to enable us to act on your behalf.

3.8 You will provide all necessary evidence to support your claim, including details of the insurer’s settlement and your vehicle’s condition at the time of loss.

3.9 You must inform us immediately if the insurer contacts you directly or makes any payment to you.

3.10 If you receive payment directly, our success fee will still be payable (see section 4).

4. Our Fees

4.1 We operate on a “no win, no fee” basis. Our fee becomes payable only if compensation is recovered.

4.2 The fee is calculated based on the compensation amount, using a banded percentage structure (including VAT), subject to a maximum cap within each band:

Examples are provided for illustration only and do not represent guaranteed outcomes.

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4.3 Payment of our fee is due once compensation is received.

4.4 Where compensation is paid in installments, we may invoice proportionately.

4.5 If we reasonably believe that settlement details are being withheld, we may estimate fees based on typical outcomes, subject to adjustment when accurate information is provided.

5. Handling of Compensation

5.1 Compensation may be paid into a designated client account held in accordance with FCA rules.

5.2 We will provide a breakdown of the settlement and deduct our fee before transferring the balance to you.

5.3 Payments will be made by bank transfer (or cheque where requested), subject to identity verification and anti-money laundering requirements.

5.4 Where funds remain unclaimed despite reasonable efforts to contact you, we may return them in accordance with regulatory obligations.

5.5 The insurance company may, as directed by ourselves, make a split payment. Meaning that they pay us only our fee as agreed and the balance of compensation is paid directly to either yourself or to any company who has subrogation over the funds.

6. Cancellation

6.1 You may cancel this agreement within 14 days without charge.

6.2 After the cooling-off period, you may still cancel at any time. However:

• if no settlement offer has been made, no fee is payable;
• if an offer has been made, a fee may be payable based on that offer or any subsequent compensation achieved.

6.3 Cancellation can be made via phone, email, post, or online.

6.4 Upon cancellation, you may choose to continue the claim yourself or withdraw it entirely.

6.5 We may terminate this agreement where:

• the claim lacks merit;
• it is not commercially viable; or
• a conflict of interest arises.

No fee will be charged where we terminate under this clause.

7. Complaints

7.1 Complaints can be made via phone, email, or in writing.

7.2 If you remain dissatisfied after our response, or after eight weeks, you may refer the matter to the Financial Ombudsman Service.

7.3 Time limits apply, and complaints must generally be referred within six months of our final response.

8. Limitations of Liability

We are not responsible for losses arising from:

• failure to provide accurate or timely information;
• lack of cooperation;
• delays outside our control;
• reliance on incorrect information provided by third parties; or
• circumstances which could not reasonably have been foreseen.

9. Ending the Agreement

This agreement ends once all fees due have been settled following the conclusion of your claim.

We may contact you in the future if further compensation opportunities arise, which would require a new agreement.

10. General

10.1 We may recover reasonable costs incurred in enforcing payment of our fees.

10.2 This agreement is governed by the laws of England and Wales.

10.3 If any part of this agreement is found to be unenforceable, the remainder will remain valid.

10.4 We may assign or subcontract our obligations with appropriate notice.

10.5 These terms will continue to apply where necessary after the agreement ends.

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11. Subrogation and Third-Party Rights

11.1 In certain circumstances, a third party (such as your motor insurer, GAP insurance provider, or finance company) may have legal rights to recover some or all of any compensation obtained as part of your claim. This is known as subrogation.

11.2 By entering into this agreement, you acknowledge and agree that:

• where a third party has paid, or is liable to pay, part or all of your loss, they may be entitled to recover those sums from any compensation awarded;
• any compensation recovered may need to be used, in whole or in part, to satisfy those third-party rights before any balance is paid to you.

11.3 You agree to:

• provide full details of any motor insurance, GAP insurance, finance agreement, or other arrangement connected to your vehicle or claim;
• notify us of any third party who may have an interest in the claim or any compensation recovered; and
• cooperate fully with us in dealing with any third-party rights or recovery processes.

11.4 Where appropriate, you authorise us to:

• communicate and liaise with insurers, GAP providers, finance companies, or other relevant parties in relation to subrogation rights;
• share relevant information (subject to data protection requirements) to facilitate recovery or settlement; and
• agree the appropriate distribution of any compensation in accordance with legal and regulatory requirements.

11.5 Our success fee will apply only to the proportion of compensation that you are entitled to receive, unless otherwise clearly agreed with you in writing.

11.6 We will explain to you how any subrogation rights may affect your claim and the amount of compensation you ultimately receive.

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Declaration

By signing below, you confirm that:

• you have read and understood the pre-contract information and service summary;
• you accept these Terms of Engagement; and
• you understand your rights and options, including the ability to pursue a claim independently.

You acknowledge that you are choosing to instruct Car Write-Off Claims, a trading style of Evans Hughes Ltd, to act on your behalf.

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