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Terms of Agreement

 Between TESS Law and Timeshare Litigation Funding Limited

You are hereby instructed by TESS Paralegal Services Ltd, a company registered in England number 09372001 [herein referred to as “TESS Law”].

The working office is located at Coniston House, 3 Beach Road, Lytham St. Anne’s, Lancashire, FY8 2NR, England, UK.

The case manager for TESS Law is David Cox and he can be contacted on 01253 720224. It is not our policy to change case managers, however, TESS Law reserves the right at all material times to do so if and when required and without notice or consultation.

Your Administrative contact at TESS Law is the Company Secretary Mrs Cox and Miss Trippier is available on 01253 788337.

Timeshare Litigation Funding Limited [herein referred to as “the Funder”] company registered in England Number 09353678. Their head office is located at Coniston House, 3 Beach Road, Lytham St. Anne’s, Lancashire, FY8 2NR, England, UK.

David Cox is the Director of Timeshare Litigation Funding Limited and vested in him is the sole authority. No agreement, instruction, guarantees or forward obligations will create liability on “the Funder” unless authorised by him.

The litigant(s) have been informed of your interest and the offer of representation. They are equally aware that they have agreed to have the matter funded and the terms of funding are contained in the Red Booklet <TAB 2>.

As the litigant is fully funded, the lawful interest of “the Funder” must be maintained at all times.

“The Funder” exists to assist the litigant in the recovery of damages/compensation as a result of mis-selling of the timeshare or long term holiday product.

Essentially, subject to your advice, we understand that a meritorious claim exists and that the selling of the product [to our consumer client] may have been unlawful.

This belief requires you to prepare advice outlining a reinforcement or weakening of that genuine belief. Subject to that advice “the Funder” will set aside the necessary funds so as to deliver a meritorious outcome.

In consideration for funding, the litigant has agreed that “the Funder” is irrevocably entitled to a percentage of damages agreed between them and their litigant client. This percentage remuneration is expressly represented in the Litigation Funding Agreement contained in the red Booklet.

At present we have expressly stated that we, TESS Law, and “the Funder” believe that you should be instructed in this matter. This requires you to send to the client your engagement terms and conditions so that the engagement can be ratified. We trust that you will ensure that your contracts are fair and reasonable and set out the extent of your engagement.

In the acceptance of this instruction, it will impart a duty upon you to return to “the Funder” their reward if and when awarded via TESS Law.

TESS Law is a paralegal company and is not permitted to conduct contentious business. Both TESS Law and “the Funder” have an interest in this case and as such both parties have a right to be informed of progress on request. Equally and despite your duties to the litigant you are, as part of the funding arrangement, required to assist and cooperate with TESS Law and “the Funder”.

Any such requests for advice and information will be sent to you by letter or email. As part of this Agreement, a response will be required within 14 days.

Acting as agent for “the Funder,” TESS Law are required to have unfettered access to any material generated by the forward action.

A confidentiality agreement has been entered into by TESS Law with their litigant clients.

In the event that you uncover any matter which may reasonably affect the outcome of this case or is contrary to the risk assessment, this Agreement creates an obligation on you to inform TESS Law. In the event that it comes to your knowledge that any illegal act or misrepresentation has occurred which could or might cause damage or harm to TESS Law or “the Funder” you are bound to immediately inform them both.

Having inspected and affirmed this instruction you irrevocably accept that TESS Law and “the Funder” have a lawful interest in the outcome and the monies which flow from that outcome.

  1. Offers to Settle

Under the terms of this engagement letter, you are required to inform both TESS Law and “the Funder” of any offers to settle made by the opponent and/or the litigant and to advise on any such settlements. [Without prejudice TESS Law and “the Funder” accepts that the final decision rests with the litigant at all times].

If an offer to settle is made to the litigant by their opponent(s) TESS Law and “the Funder” may ask you to provide further evaluation and a risk assessment on future funding.

  1. Risk Assessment

Under the terms of this Agreement, you are required to conduct and return a litigation risk assessment ‘free of charge’ contained in the Risk Assessment Sheet. In this assessment, you will provide a statement of the reasonable expectation of damages. At any time, TESS Law acting on behalf of “the Funder” can request further risk assessments when they deem it appropriate.

  1. Legal Costs

Your legal costs are set out below. For the avoidance of doubt, the litigant(s) are granted full access to the costs applied to you and the payments received.

The cost schedule is as follows: –

  • Pre-litigation costs
  • Costs up to and including the First Instance hearing
  • Costs from the First Instance hearing up until the trial
  • Trial
  • After the event settlements

In the event that you so determine that this action can or will attract potential adverse cost orders, please provide the potential liability so that “the Funder” can make reasonable provisions.

In the event that TESS Law or “the Funder” believe that the claim [presented] may flounder, then TESS Law on behalf of “the Funder” will at all material times reserve the right to terminate the funding, paying your costs to date including but not limited to adverse costs, subject to the terms and conditions expressly represented to the Litigant.

  1. Payments

Any and all payments required to discharge your account will be paid by “the Funder” within 28 days of receipt of your bill. All claims will set out the VAT element and be delivered to the Company Secretary of TESS Law via email. All invoices will be acknowledged and payments will be transmitted by a bank to bank transfer.

SIGNED BY ALL PARTIES

 

Signed: …………………………………………. on behalf of TESS (Timeshare Exit & Support Services) Paralegal Services Limited [“TESS Law”]

PRINTED: ………………………………………

Dated: …………………………………………..

 

Signed: ……………………………………….   on behalf of Timeshare Litigation Funding Limited “the Funder”

PRINTED: ………………………………………

Dated: …………………………………………..

 

Signed: …………………………………………. Spanish Solicitor

PRINTED: ………………………………………

Dated: …………………………………………..


Last modified: 8th April 2021