Terms & Conditions

 

I AM NOT A NUMBER TERMS AND CONDITIONS


Here are
our standard terms and conditions used to pursue claims.

These Terms and Conditions form the Agreement between us.

  1. Definitions

‘Claim/Claims’ means the Client’s
claim or claims against the third party relating to that Third Party’s misconduct
in relation to a product or service.

‘Third Party’ means the institution
and/or persons to whom the Form of Authority and Engagement is addressed being
the Insurance Company, Bank, Building Society, Credit Card Company, Broker,
Financial Adviser, Retail outlet, energy provider, water provider, council,
government agency or any other entity which was responsible for the selling or
the administration of a product or service. They may have been simply the one
that gave the advice to You (including for the avoidance of doubt any employee,
director, agents, representatives and associates of those entities or any other
entity and/or any of their predecessors). ‘Third Party’ also means the
Ombudsman Service.

‘Products’ means banking and
financial products, services purchased or under agreement, physical retail
products, flights and all other commonly known definitions of products

‘Compensation’ means any sums paid
or awarded in respect of any Claim made by us on your behalf. This includes
“benefits”, redress, gestures of goodwill, ex gratia payments, refunds,
discounts, any reduction in the debt or an outstanding bill and/or any interest
or capital recovered. Where such an offer is increased on appeal during the
term of this agreement, then the higher amount shall be used in order to
calculate the amount of the compensation.

‘Service Charge’ means the charges
payable by you as set out in these terms.

‘Services’ means the work which
we will undertake on your behalf in respect of your Claim including assessing
the viability of, preparing, submitting and negotiating your Claim and which is
set out more specifically in clause 3.

‘Us’‘We’ and ‘Our’ means B and I Claims trading as I Am Not A Number.

‘You’ and ‘Your’ means the client(s) whose
details are recorded on the Form of Authority and Engagement.

  1. Duration:
    1. The
      contract shall commence on the date you sign in agreement of these terms
      to us and, unless terminated earlier as per clauses 6 or 7 below, will
      continue until Compensation is recovered for you by us and you have paid
      the Service Charge in respect of all Claims we are processing.
    2. Where
      we identify any further Claims that arise from the original instructions
      we will pursue these under these same Terms and Conditions as the
      original instructions. We will notify you of any additional Claims that
      we identify.
  2. We agree to:
    1. Conduct
      the Services with care and skill and act in your best interests.
    2. Review
      your Claim and assess the likelihood of your Claim being successful.
    3. If
      after we have reviewed your Claim, we determine that it is unlikely to be
      successful or it is not in your best interests to pursue a claim we may
      decline to act for you. We will notify you of this by phone or in
      writing.
    4. If
      we accept your Claim, we will confirm this to you and prepare and submit
      your Claim to the relevant Third Party, where appropriate.
    5. We
      will liaise with the Third Party and use reasonable endeavours to pursue
      your Claim.
    6. We
      will notify you promptly of any requests for additional information or
      documentation that the Third Party needs to investigate your Claim.
    7. We
      will notify you in writing of any offers of compensation made by the
      Third Party.
    8. Where
      the Third Party requires written acceptance of an offer of Compensation
      we will obtain your agreement before accepting or rejecting any offer on
      your behalf, unless it is for the full amount you have specified
      previously.
    9. Where
      necessary and appropriate, we will refer your Claim to the adjudication,
      local government or Ombudsman Services as part of our mediation process.
    10. We
      will notify you of any circumstances beyond our control which prevent us
      from performing the services under this contract.
  3. You agree to:
    1. Appoint
      us as your exclusive agent to handle this Claim. This means you cannot
      appoint another person, including yourself, or firm to act on your behalf
      in respect of this Claim, unless you terminate this agreement with us.
    2. Provide
      us with information about your circumstances which is truthful and
      accurate, to the best of your knowledge and belief.
    3. Provide
      full authority to us to deal with the Third Party on your behalf.
    4. Provide
      copies of all documentation that are in your possession and which relate
      to the Claim.
    5. Co-operate
      with us at all times.
    6. Respond
      promptly to requests by us for further information, or documents and/or
      questionnaires that may be needed to progress your Claim.
    7. Notify
      us promptly of any offer, rejection or other information or communication
      (including telephone calls) made or requested by the Third Party relating
      to the Claim.
    8. Notify
      us promptly upon becoming aware of any changes in your circumstances
      which could affect the claim. This includes, but is not limited to, any
      arrears, the issue of a default notice, a petition for a County Court
      Judgement, bankruptcy claim, legal action where the matter relates to an
      account under which we are pursuing a claim on your behalf. In these
      circumstances, we reserve the right to terminate the agreement in
      accordance with 7.1a.
    9. Pay
      our Service Charge due as a result of a successful Claim.
  4. Service Charges
    1. Our
      Service Charge is 20% plus GST (at the standard rate) of the Compensation
      offered or refunded to you by the Third Party in respect of the
      Compensation for all claims.
    2. If
      the Third Party makes payment of the Compensation directly to us this
      will be credited to you. We will deduct our Service Charge and make
      payment of the balance to you. 
    3. If
      the Third Party makes payment of Compensation directly to you, you must
      notify us promptly and we will send you an invoice equal to the amount of
      our Service Charge.
    4. Our
      Service Charge must be paid within 10 business days of receipt of the
      invoice (this is known as the grace period). 
    5. We
      reserve the right to charge you for any reasonable costs incurred in
      seeking to recover our Service Charge from you including interest at the
      rate of 4% per annum over the base lending rate of ANZ if our Service
      Charge is unpaid at the end of the grace period described in 5.4 above.
    6. If
      you reject an offer of Compensation that is calculated in accordance with
      rules of the principles used by the Ombudsman Service or, any other
      reasonable offer of Compensation which we recommend is accepted by you,
      we reserve the right to charge the full Service Charge on the basis of
      the offer of Compensation being made.
  5. How You Can Cancel This Agreement
    1. You
      have the right to cancel this contract within 14 days without giving any
      reason. This cooling off period will expire after 14 days from the day
      after you sign the agreement and return it to us
    2. To
      exercise your right to cancel, you must inform us of your decision to
      cancel this contract by a clear statement, sent by e-mail. If you cancel
      this contract within the cooling period, you will have no liability to
      pay any fees. 
    3. If
      you cancel the agreement in accordance with clause 6.3 above, we reserve
      the right to apply a Service Charge to cover our reasonable costs for the
      work undertaken in processing your Claim up to the date of cancellation
      subject to a maximum of $500 for each Claim. Such charges will be
      calculated at an hourly rate of $50 plus the costs of any disbursements
      incurred by us.
    4. If
      you cancel this agreement after Compensation has been offered or refunded
      to you by the Third Party in respect of the Claim, we are entitled to our
      Service Charge in accordance with clause 5.1.
  6. How We Can Cancel or Change This
    Agreement
    1. We can cancel
      this agreement by giving you 14 days notice in writing if any of the
      following events occur:
      1. We become aware that your
        Claim is unlikely to succeed; You are declared bankrupt, enter into an
        Individual Voluntary Arrangement or a Trust Deed with your
        creditors, have a Bankruptcy petition presented against you, enter
        into sequestration, or a reduced repayment arrangement with
        your creditors;
      1. You provide information
        which you knew to be false or misleading in support of your Claim and this
        information is material to the success of your Claim or as to whether we would
        have agreed to act for you;
      1. You fail to respond to
        reasonable requests for information in a timely manner and this prevents us
        from providing the Services;
      1. You breach a term of the
        agreement and you do not correct this breach within 14 days of receiving
        written notification from us detailing the breach and the action required to
        resolve the breach.
  1. Subject
    to the notice period in clause 7.3 below, we may change the terms of this
    agreement from time to time to reflect the increased cost of providing
    the service to you, to reflect changes or predicted changes in taxation,
    or legislation.
  2. We
    will always give you at least 21 days written notice of any changes
    before they take place. If you are not willing to accept the proposed
    change, you will be free to end the agreement and you will have no amount
    to pay under the Agreement.
  3. Waiver

From time
to time we may decide not to apply certain conditions of these terms to
some/all of your claims. Should we decide not to apply a condition of these
terms to one of your claims, this does not mean that we cannot apply it to any
of your other claims that you have instructed us to pursue on your behalf
arising from your original instructions.

  1. General Conditions
    1. We
      may assign these Terms and Conditions and the rights under it. We will
      always provide you with at least 28 days written notice of such a
      transfer. You will be free to reject such a transfer by writing to us at
      the address given within the assignment notice.
    2. This agreement is
      governed by Australian Law.

CANCELLING YOUR AGREEMENT

If you
wish to cancel your agreement with us within the cancellation period, which is
14 days starting from the day after you signed the agreement, you may e-mail us
at

info@iamnotanumber.com.au

You will
need to provide the following information.

I/we hereby give notice that I/we cancel
my/our contract for you to represent me in pursuing a claim.

Full
name:

Date of
Birth:

Address:

Reference
number: