Get Your Claim Started NOWShould you choose to complete and submit our form and agree to our terms and conditions you shall be entering the contract below with our company to represent you in this matter.
Before You Submit Your Details
Please ensure that you read and agree to our terms and conditions before you submit your details.
THIS IS A CONTRACT,
ONLY AGREE TO IT IF YOU INTEND TO BE BOUND BY ITS TERMS.
It is made between YOU (referred to as “You /Client”) and US, MYCAVITYCLAIM LIMITED trading as “MyCavityClaim.com“,(referred to as “US/Company”) concerning your home at (“Property”) which you say was damaged following installation of cavity wall insulation. Our company information is at the end of this document.
The Company’s place of business is GHL House, 2nd Flood, 12-14 Albion Place, Maidstone, ME14 5DZ.
On agreeing to this contract the Client engages the Company to provide services (“Services”) described below as “Scope and Manner of Services.” on the terms, for the period and subject to the Fees described and calculated in the manner set out below. You, the Client, believe the Property has been damaged and you, the Client have suffered loss after installation of cavity wall insulation. You, the Client, want the Company to act as your agent and on your behalf to obtain reasonable restitution for your loss under the terms of this contract.
Please read this contract carefully. Please print or save this document for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that it will remain accessible on our website in future. This contract is available in the English language only.
Scope and Manner of Services
The “Services” are the services outlined in clauses 1 to 3.1 below.
1. The Company will undertake such investigation (the “investigation”) as it sees fit to see whether or not:
- The Property has had cavity wall insulation installed and where. and/or
- The cavity wall insulation installation may have been defective, and/or
- The Property may have suffered damage as a result of the cavity wall insulation installation, and/or
- The Property has had cavity wall insulation which was not appropriate for the Property, its type, or in its location, and/or
- The Property has had a product used on it as part of the cavity wall insulation which was not appropriate for the Property, its type, or in its location, and/or
- The Property may have been unsuitable for cavity wall insulation, and
- You may have suffered loss and damage
2. The Company will on the Client’s behalf and the Client hereby appoints the Company as its agent to investigate and where it considers it appropriate, seek Compensation from and, if the Company deems it necessary (in its unfettered discretion), pursue a claim against all or any of the following:
- the installer; and/or
- the Property’s insurer; and/or
- the guarantee Company (if any); and/or
- any other 3rd party likely to be liable in respect of the loss and damage arising following the cavity wall insulation installation carried out at the Property
and all or any of the above shall be known as the “Responsible Party”
3. On behalf of the Client, the Company will negotiate with the Responsible Party for Compensation for the benefit of the Client, and settle the Compensation claim as instructed by the Client, acting reasonably, and on the advice of the Company.
3.1 Should the Client not accept the Company’s advice to settle a claim, the Company reserves the right to cancel the contract by giving the Client two weeks’ notice.
3.2 The Client hereby authorises all third party’s to disclose all and any relevant information which the Company may require to handle the claim on the Client’s behalf and discuss matters relating to the Claim with the Company with full authority to act for and on behalf of the Client.
The length of the Contract (‘Minimum Term’)
4. The Contract period is for a fixed term of 24 months after the date you sign this contract (“minimum period”) and can be cancelled by either party giving not less than 3 months’ notice, at any time after the end of the minimum period. The minimum period is the time that the Company will require to carry out the investigation and pursue Compensation.
Notwithstanding the previous statement the Contract may be cancelled within 14 days of the commencement date of the Contract by the Client under their statutory 14 days ‘cooling off’ period by notification to the Company without the Client giving any reasons.
The end of either the 14 days or the subsequent 3 months’ notice, whenever given, is the Termination date.
5. If the Client does give notice in accordance with Clause 4 above and the Client receives Compensation within 6 months of the termination date, then the Company will be entitled to its Fee as defined below, as a debt, to be paid by the Client within 7 days of receipt by the Client.
6. Compensation is to be arranged by, and paid through the Company’s appointed Loss Adjusters Public Loss Adjusting Group Limited (“PLA”) exclusively to their FCA regulated Clients’ Account on behalf of the Client, following payment of the Compensation by PLA the balance of monies due, are to be paid to the Client within 7 days of receipt of same by PLA.
7. If the Client receives the Compensation monies directly, then the Fees as set out below will be payable by the Client to the Company as a debt within 7 days of receipt.
8. If the Client wishes to cancel the contract within the minimum period (excluding the statutory ‘cooling off’ period stated and confirmed under the “Right to Cancel” below) then, 3 months’ notice must still be given and a fee of £325 + VAT plus any disbursements accrued is payable by the Client to the Company as an agreed Early Termination Fee to cover initial administrative and investigation costs and is due and payable within 14 days of the Termination date.
9.1 This Contract with us engages the Services of the Company and is activated by using the sign-up process on our website. This on-line process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.
9.2 We will send you a confirmation email after your instructions have been received. However, please note that this does not mean that your instructions have been accepted.
Note: The contract between us will only be confirmed when we arrange an appointment to carry out our initial inspection of the Property and in our opinion you have a reasonable cause of action and when We contact you and confirm that We are able to provide you with the Services, at which point a contract will be considered valid and binding between you and Us.
Rights to Cancel
Your Right to Cancel
10. If you are a Consumer (meaning an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession), you have the right to cancel this contract subject to the provisions set out below.
10.1. You have the right to cancel this contract within 14 days without giving any reason.
10.2. The statutory cancellation period will expire after 14 days from the day of the commencement of the contract.
10.3. To exercise the right to cancel, you must inform us. Our correspondence address is: My Cavity Claim Limited of GHL House, 2nd Floor, 12-14 Albion Place, Maidstone, ME14 5DZ.
Telephone 01622 685 566
email: [email protected]
You must notify us of your decision to cancel this contract by making a clear statement advising that you wish to cancel followed by written confirmation (e.g. a letter sent by post, a fax or an e-mail).
You may download the model cancellation form by clicking here but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to advise us and send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
11.0. If you cancel this contract, we will reimburse to you all payments received from you.
11.1. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract and subject to our receipt of written confirmation of same.
11.2. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Our rights to cancel
12.0. If We have to cancel an Order for Services before the Services start:
- We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
- If We have to cancel an Order under clause 17.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
- Where We have already started work on your Order for Services by the time We have to cancel under clause 17.1(a), We will not charge you anything and you will not have to make any payment to Us.
12.1. Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
12.2. We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
- you do not pay Us when you are supposed to. This does not affect Our right to charge you interest; or
- you break the contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.
Events outside our control
13.0. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
13.1. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
13.2. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
13.3. We may cancel the contract if the Event Outside Our Control continues for longer than 12 weeks in accordance with Our cancellation rights in clause 12.
14. This contract is assignable by the Company; such assignment will be notified to You by the Company in writing within 14 days of any such assignment.
Compensation/Fees – (Payment for Services Rendered)
15.0 The Fee payable to the Company is 10% of the gross value you the Client receive in cash, goods, services or other benefits, plus VAT at the applicable rate on that amount.
The Fee is payable within 7 days of PLA receiving Compensation monies, and/or You the Client, receiving a payment, goods or services or other benefit accruing to you the Client (variously called “Compensation”), following Services being rendered by the Company,
15.1. On cancellation of the Contract (howsoever arising) either before or after the minimum period, if the Client receives any monies within 6 months of the termination date, the Company will be entitled to its Fee as if it recovered the Compensation,
15.2. If the Contract is cancelled by the Client before expiry of the minimum period then in addition to the fees set out above, a Fee, agreed by us now of £325 plus vat plus disbursements accrued, is payable (excluding statutory ‘cooling off’ cancellation under the “Right to Cancel” set out above) this is deemed to be agreed and binding upon You at the commencement of the Contract.
15.3. The Compensation/Fee is payable to the Company by deduction from the Compensation where it is paid to PLA within 7 days of PLA receiving Compensation, or alternatively paid by the Client to the Company within 7 days of the Client receiving Compensation or within 14 days of the termination date, if termination is before the expiry of the minimum period.
15.4. There is no upfront fee payable to the Company or any other party.
16.0. You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link] which is subject to change from time to time.
17.0. This contract shall be governed by the laws of England & Wales.
18.0. A person who is not a party to the Contract shall not have any rights to enforce its terms.
18.1. If We deem it necessary in our provision of the Services to appoint any third parties to provide additional services on a No Win – No Fee basis, the costs of these services shall be separate to the Compensation/Fees due and payable by the Client to the Company.
Should a third party engagement be required then this will be directly between the Client and the relevant third party a separate No Win – No Fee agreement will be entered into by You with them, and We take no responsibility to pay the fees of the third party or have any liability whatsoever for the services provided by the third party.
The Client shall promptly execute and deliver such documents and perform such acts as may be required by the Company for the purpose of giving full effect to this agreement, which shall include but not be limited to, executing a specific written authorisation by deed if so required to enable the Company to represent You and to deal with all and any matters arising from this Contract for and on behalf of the Client to enable the Company to act on Your behalf in relation to the claim.
Company name: My Cavity Claim Limited
Country of incorporation: England and Wales.
Registered Number: 11016202
Registered Office: GHL House, 2nd Flood, 12-14 Albion Place, Maidstone, ME14 5DZ
VAT Number: 803507948