My Property Claim and My Property Repair are both trading names of My Property Claim Limited, a company registered in England and Wales with Company Registration Number 08100447, and having its registered address at 32 Roxburgh Close, Camberley, Surrey GU15 1AS.
My Property Claim Limited is an Appointed Representative of Citrus Funding. Citrus Funding is a trading name of Andrew Smith, which is authorised and regulated by the Financial Conduct Authority. You can check this on the Financial Services Register by visiting the FCA’s website www.fca.org.uk/register or contacting the FCA on 0800 111 6768.
In this Agreement “MPC” shall refer to My Property Claim Limited trading as My Property Claim or My Property Repair and “You” shall refer to any person contracting for the purpose of goods and/or services from MPC and “Your” shall be construed accordingly.
You appoint MPC to act on your behalf in relation to all matters concerning Your claim on Your policy of Insurance (“the Claim”) including but not
1.1 Dealing with Your Insurance company or its appointed representatives (“the Insurer”);
1.2 Handling all aspects of the Claim on Your behalf as Your duly appointed agent;
1.3 Negotiating and settling the Claim;
1.4 Attending to correspondence, telephone calls and meetings with the Insurer and/or Loss Adjuster;
1.5 Receiving payment of all monies when they become due in relation to the Claim;
1.6 Instructing contractors and suppliers (“the Contractors”) to undertake the reinstatement works arising out of the Claim (“the Reinstatement
1.7 Making all appropriate payments to the Contractors in respect of the Reinstatement Works and/or the provision and/or installation of replacement items, together the “Services”.
2.0 You further agree that:
2.1 All replacement items or goods and services required to properly complete the Reinstatement Works will be supplied or undertaken by MPC’s
2.2 You shall forward to MPC upon receipt all correspondence and all monies relating to the Claim to enable MPC to deal with such matters with due expediency and MPC shall not be liable for any delays in the dealing with the Claim where that delay is as a result of Your breach of this clause;
2.3 MPC shall not accept any responsibility for goods and/or services supplied or undertaken that have not been authorised or agreed by MPC;
2.4 Upon completion of the Reinstatement Works You shall provide written confirmation of the same to MPC (such confirmation not to be unreasonably withheld of delayed).
3.0 Provision of the Services and fees
3.1 You acknowledge that the Reinstatement Works and any replacement items or goods which are the subject of Your Claim are subject to
the terms of Your insurance policy and that MPC requires prior approval from Your Insurer in order to provide such Reinstatement Works and/or
replacement items, save that MPC may agree to provide any part of the Reinstatement Works before receiving such approval from Your Insurer in
the circumstances set out in clause 3.2.
3.2 Where appropriate, and where instructed by You, MPC may agree to take such necessary steps as are required on an emergency basis to
mitigate the loss arising from the Claim before MPC has received approval from Your Insurer to undertake the Reinstatement Works. The cost of any such steps will be agreed with You in advance and payable by You directly to the Contractor. MPC will attempt to recover these costs on Your behalf from the Insurer, but if such costs are found to be irrecoverable from the Insurer then such costs will be payable in full by You.
3.3 There will be no fees charged to You in respect of the Reinstatement Works or any goods or other services supplied to You under this
Agreement, except in the following circumstances:
a. In the event that Your insurance policy does not cover the circumstances giving rise to the Claim. If the Claim is not covered, You will be
responsible for any costs incurred by MPC in providing the Services and any goods;
b. You elect to cancel this Agreement pursuant to your rights set out in clause 11, in which case You may be responsible for any costs incurred in
accordance with clause 11.4 and/or 11.5;
c. You cancel or terminate this Agreement, or You decide not to engage MPC (through its Contractors) to proceed with the Reinstatement Works,
save where You exercise a right to cancel Your contract in accordance with clause 11, in which case You shall be liable to pay to MPC the cost of
any Services and any goods supplied up to the point of cancellation or termination, whether or not such costs are recoverable from Your Insurer.
3.4 In the event that an excess is payable under your insurance policy, this shall be payable by You to MPC.
3.5 Any sums payable by You under this Agreement shall be payable within 14 days of the date of invoice.
In consideration of you fulfilling your obligations under this Agreement MPC agrees:
4.1 To instruct the Contractors to carry out the Reinstatement Works with all expediency and manage the Claim on Your behalf to the best of our
4.2 To accept all payments in settlement and forward appropriate payments to the Contractors upon completion of the Reinstatement Works.
5.0 Quality of Service
We aim at all times to provide You with a service that will meet with your expectations. However, if you have cause to complain about any aspect
of the Reinstatement Works please contact MPC (contact details overleaf). If you wish to register a complaint on how we have handled the
insurance claim please contact Citrus Funding (contact details above). If we cannot settle the complaint you may be entitled to refer it to the
Financial Ombudsman Service. www.financial-ombudsman.org.uk.
6.0 Personal Information
We take protecting our customers data very seriously and abide by the rules of the UK General Data Protection Regulation (UK GDPR). Please refer to our Privacy Notice for information on how we hold and process your data.
7.0 Rights of Third Parties
It is the intention of the parties to this Agreement that a person who is not a party to this Agreement shall have no rights under the Contracts
(Rights of third Parties) Act 1999 to enforce any term of this Agreement.
Any notice to be served on one Party by the other shall be sent by prepaid recorded delivery or registered post and shall be deemed to have been
received by the addressee within 72 hours of posting.
No forbearance or delay by either Party in enforcing its rights will prejudice or restrict the rights of the Party, and no waiver of any other right or any later breach.
In the event that provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the Parties from any relevant competent authority the parties shall amend that provision in such reasonable manner as enforceable achieves the intention of the Parties or, at MPC’s discretion, it may be severed from this
Agreement in which event the remaining provisions shall remain in full force and effect.
11.1 If You are a consumer, You have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your contract with us in the following circumstances:
a. In respect of services provided by MPC, within a period of 14 days from the date of conclusion of this Agreement, subject to clause 11.2;
b. In respect of any goods provided by MPC, within a period of 14 days from the date on which You (or a third party indicated by You) acquire
physical possession of the goods, in each case, the “cancellation period”.
11.2 By signing this Agreement, You are instructing MPC to commence the provision of the Services before the end of the cancellation period
described in clause 11.1(a). If MPC completes the provision of the Services during that cancellation period, You will lose the right to cancel the
contract upon completion of the Services.
11.3 To exercise the right to cancel, You must inform MPC of Your decision to cancel Your contract by a clear statement (e.g. a letter sent by
post, fax or an email using the contact details set out in this Agreement). To meet the cancellation deadline, it is sufficient for You to send Your
communication concerning Your exercise of the right to cancel before the relevant cancellation period has expired.
11.4 By signing this Agreement, You are instructing MPC to commence the provision of the Services before the end of the cancellation period. If You cancel Your contract with MPC in respect of the provision of any Services in accordance with this clause 11, You shall be obliged to pay to MPC an amount which is in proportion to the Services that have been performed before You communicated Your cancellation of the contract to MPC.
11.5 If You cancel Your contract with MPC in respect of the provision of any goods which have already been delivered to You:
a. MPC will collect the goods, but You acknowledge and agree that You will have to bear the cost of returning the goods and the cost will not
exceed the total value of the reinstatement work authorised by your insurer;
b. You will be responsible to pay to MPC any diminution in the value of the goods resulting from the handling of the goods other than what is
necessary to establish the nature, characteristics and functioning of the goods.
12.1 This Agreement shall terminate automatically upon the completion of both parties’ obligations.
12.2 MPC shall be entitled to terminate this Agreement with immediate effect if You fail to observe any obligation under this Agreement.
12.3 Termination of this Agreement shall not affect any of Your payment obligations under this Agreement.
13.0 Governing Law
This Agreement shall be governed by English Law. The language in which this Agreement shall be interpreted and in which all communication shall be conducted will be English.
Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.