Terms of Business
Terms and Conditions
The agreement is a legally binding contract between you and the Leasing Advisory Service a trading style of The Lease Advisory Service Ltd, a limited Company registered at Companies House, registration number 08493133 and registered at 31 Gloucester Road, Thornbury, South Gloucestershire, BS35 1DJ
What is covered by this agreement ?
The claim arising from the lease agreements under the name school name, including agreement number TBC on or around date; But also to include other associated agreements either known now or which become known and as deemed appropriate and related to this agreement either by Finance Company or Supplier and as agreed by school name. Known as the Dispute.
In this Agreement unless the context otherwise requires, the following words and expressions shall have the following meanings:
Leasing Advisory Service
Means Leasing Advisory Service a trading style of
The Lease Advisory Service Ltd, a Company Registered at Companies House
under Company Registration Number 08493133. Lease Advisory Service Ltd is regulated by the Claims Management Regulator in respect of regulated claims management activities. Number CRM34693
Means the fee agreement you entered into with us on or babout the date you entered into this Agreement
Means the challenge against the agreement or agreements relating to the School or Academy. The dispute will include both Legislative and financial challenges.
Savings are deemed to be the total of any refund of any monies paid to you and/or any future savings made by the cancellation or reduction of any future payments and/or withheld payments.
Completion of Case
The case will be deemed completed as and when:
- A formal settlement agreement has been signed by all parties.
- An informal agreement has been reached and agreed by exchange of correspondence by all parties.
- In the event that the Finance House or Supplier refuses to respond to correspondence from LAS, and a reasonable period of time has lapsed, and no legal action has been taken against the school, then the case will be deemed closed. All rights of the school will be reserved against the Finance House or Supplier. This reasonable time will be not less than 6 months from initial correspondence.
The Success fee is based on any Savings, as defined above, that are achieved. The percentage of the total savings will be determined and agreed and stated in the agreement prior to the agreement being signed. The fee scale is will be a tiered scale to take into account the inclusion of legal and insurance costs, any mediation costs and the scale of work undertaken to conclude a successful remedy. Detailed explanations of the Tiers will be provided to you before entering in to the agreement. Example fee calculations are also provided. The stated fee is the maximum that will be charged by Leasing Advisory Service. LAS will at all times seek to keep the costs to a minimum and reserve the right to reduce the fee on completion.
If no Savings are achieved, you do not pay us anything.
We always act in your best interests in seeking to resolve the Dispute and obtaining the best possible result for you.
We ensure that you are provided with an honest and comprehensive review of the matter, ensuring you are aware of all the risks pertaining to the claim prior to entering into the agreement, including,
but not limited to,
- Financial risk attached to any claim
- Potential requirement to appear at Court, should the matter proceed to legal litigation
- potential risks should the case be lost, including financial and reputational
- detailed guidance on matters when the case concludes, either successful or unsuccessful.
Further applicable information will be disclosed to you as the case progresses and new matters arise, in order that you can make a rational decision on how to proceed.
We will defer to your instructions before and not limited to;
- offering proposed settlement action
- offering or accepting an offer of a formal or informal mediation meeting
- accepting any offer of settlement made d.
- referring the matter to (nominated Solicitor details)
- any matter which may potentially affect the financial or reputational status of the institution.
You must give us clear instructions which allow us to do our work properly; you must not ask us to work in an improper or unreasonable way; you must
not deliberately mislead us; you must co-operate with us, where it is reasonable to do so, when asked ;
Breach of Contract
You must disclose to us any communication, verbally or written, made to, or received from any of the defendants in the claim, or any or their authorised representatives on any matter, as this may potentially impact on the nature of the claim. You must not seek to, or accept any communication with regard to an offer of settlement without prior consultation with Leasing Advisory Service as this could jeopardise the claim. You must not undertake any action that will jeopardise or seriously affect the ongoing claim process. Should any of the above actions be undertaken, then it may be considered a breach of contract and Leasing Advisory Service will reserve the right to cancel the contract and invoke section 7 of this contract with regard recovery of costs.
What Happens if
If you win (which means that Savings are achieved) you pay us the agreed You you Win percentage of any money recovered and/or our share of the value of future savings achieved. You agree that from any monies received on behalf of you by (nominated Solicitor), our fee can be distributed in accordance with this agreement.
If the defendant pays the monies directly to you or the value of the savings is purely from withheld or future payments, you will pay the agreed fee to us upon receipt of the appropriate invoice from us. This invoice will detail the specific agreement and the savings made. Should the invoice relate to a cancellation fee under section 7 then the chargeable hours and events will be detailed. If savings are from future payments, the fee can be paid in full or by way of staged payments in line with the current quarterly invoicing dates or other agreed method
If your opponent fails to repay any monies owed, we have the right to instruct (details of instructed Solicitor) take recovery action in your name to enforce the agreed settlement.
What happens if your claim is unsuccessful ?
If your claim is unsuccesfull (which means that no Savings are achieved) you do not have to pay us anything.
Terminating the Agreement
We can terminate the agreement if you reject our recommendations for settlement or if you fail to agree with our proposal for future action or it is decided that the continuation of the claim would be prejudicial to LAS or the School/Academy interests.
If you terminate the agreement at any time after you have engaged us and after the right to cancel period has expired, and the case has been set up as a live case, and it be found that the matter has be settled directly between the School and the third party, either during or after the termination and without recourse to Leasing Advisory Service, or a breach of contract as detailed above has occurred, or the termination causes a financial loss to Leasing Advisory Service, then Leasing Advisory Service reserve the right to charge a cancellation fee for the works carried out after setting up the claim as a live case and for any deferred costs incurred during preliminary works. This charge will be determined by the extent of the works carried out and will cover the costs of the specialists works undertaken.
The amount of the cancellation fee will be calculated on an hourly rate applicable to the specific nature of the works. The work carried out will be detailed to you.
The hourly rates applicable to the agreement will be specified prior to the agreement being signed.
Should your case have been formally transferred to the nominated Solicitor, and you have entered into a Conditional Fee Agreement with them, then you may also be liable for early cancellation fees under this agreement. The detailed Solicitor will fully inform you of any appropriate fees payable under the Conditional Fee Agreement that may become payable and under what circumstances.
What happens after the agreement ends
After the agreement ends we have the right to preserve a lien over any property of yours in our possession unless any money owed to us under this agreement is paid in full. This means we can keep your papers until you pay us in full.
Right to Cancellation
You have the right to cancel this agreement within 14 days without giving any reason.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by post or email, To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.