my name is ***** ***** I will help you with this.
please let me know whether you signed their terms and conditions agreeing to 25% ?
i cannot see the response to my question
Did you sign their terms and conditions?
yes i did sign the terms and conditions agreeing to act but as i stated earlier the firm only sent a standard letter to barclays. apart from that i dealt with the claim myself with no help from the company at all
Did you read the terms and conditions? Did you understand you would give them 25%?
If you did, then this causes a problem. It makes no difference how little or how much work that they did.
The fact is that you signed a legally binding agreement saying you agreed to give 25%
The law also says that in the absence of any contract they are entitled to a reasonable fee work done.
Therefore if there was no contract, then the Court could assess their fee.
In this case as there is a contract, you read it (I assume) and signed it, you agreed to 25%
Sadly all you can do is challenge the fairness of the 25% term.
Regulation 5 of The Unfair Terms in Consumer Contracts Regulations 1999 states:
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
As such you can only challenge it on this basis, nothing more
Can I clarify anything about this today please?