Using our Services – Criminal Claims Bureau
The Criminal Claims Bureau is a trading name of MJN Marketing Ltd a company registered in England and Wales registration number 04772563 authorised and regulated by the Financial Conduct Authority FRN 829747. We are based at Harrogate Business Centre, Hookstone Avenue, Harrogate HG2 8ER.
We will handle your application for criminal injury compensation in respect of a claim against the Criminal Injury Compensation Authority (CICA). Your application will be submitted to the CICA via their online portal and the case will commence within 7 days of receiving your completed Damages Based Agreement subject to our confirmation that your case is one we wish to proceed with.
If after assessing the case in detail we cannot proceed with your claim you will be notified as soon as practicable upon receipt of the Damages Based Agreement in our office and within 7 days.
Once we are instructed the claim process will involve providing medical evidence of any injury to the CICA and assessing any available police evidence that is disclosed. We will also supply the CICA with any information they request in order for them to make a decision on your case. We will handle any issues that arise and keep you fully appraised of progress throughout the case with regular monthly updates. Once a decision is made we will advise you on the appropriateness of any award that is offered. If an award is deemed inadequate we will advise you on the prospects of challenging the proposal and requesting a review to enhance the award. Further to this we will also advise you on any potential appeal to the First Tier Tribunal (Criminal Injuries Compensation) and represent you in such an appeal if we deem this is appropriate.
Your obligations and what assistance we need from you during any claim
In order that we may conduct your application efficiently and in a reasonable manner we would ask that you comply with the following:
Provide us with necessary evidence or information in order that we may expedite your case. This may include correspondence from the Police or access to your medical records. The CICA will very often require medical evidence and this may include asking your GP for a short medical report on your injuries suffered in the incident that is the subject of this application. A GP report will be chargeable and will cost £50 (there is no vat) which usually will be deducted from compensation.
We need you to provide instructions as soon as practicable as many CICA processes are subject to deadlines.
Please tell us if you move house or change contact details as soon as possible. Missing deadlines within the application process can be detrimental to your case.
You are responsible for the payment of our fees. These fees should be paid from the amount that you are awarded and within 7 days of receipt of the funds from the CICA.
Before finalising this agreement, it is important that we advise you of your options. You can:
Not return the documents and pursue your case against the CICA unrepresented. Or: Send the Damages Based Agreement document back to us duly signed and dated, this formally instructs us to represent you fully, handle your application throughout the process and obtain your compensation from the CICA.
During your claim we / the CICA may need the following information:
Access to your GP medical records
Your earnings information (employer or HMRC)
Social Services records if you were ever in care
Your criminal conviction record
Police documents: witness statements you have provided etc
On average a claim against the CICA can take up to 18 months. Usually though for cases involving sexual abuse or rape related crimes the timescales can be much shorter.
If your case is successful, the Criminal Claims Bureau (trading name of MJN Marketing Ltd) will charge you 25% inclusive of VAT (at the prevailing rate) of the award that you receive from the CICA.
Please be aware that if your case is not successful and we do not recover any compensation on your behalf you do not pay us a fee. This is where the No win No fee agreement comes into force.
Example of Fees
Case example: An award of £11,000 would result in a fee of £2750 leaving a net sum of £8250 compensation payable. If a case fails and no award is paid, no fee would be payable to us
How Are The Fees Paid?
As stated, you are responsible for the payment of our fees. These fees should be paid from the amount that you are awarded and within 7 days of receipt of the funds from the CICA.
Ordinarily compensation (be aware this includes interim compensation awards) will be paid to you direct by the CICA. An invoice will then be forwarded to you in respect of our charges which must be paid within seven days. If payment is not received within seven days, under the Late Payment of Commercial Debts (Interest) Act 1998 we reserve the right to instruct debt recovery agents to recover the sum and charge interest on the amount outstanding. The cost of the debt recovery process which will be reasonable and proportionate, will be met by you.
Other costs or risks
If your claim fails and no award is paid out we do not make a charge. But whilst no legal fees would be paid in this situation be aware that the CICA prior to a decision being made in the case may insist on medical records being vetted and the scheme places the burden of paying for such records on the applicant up to a maximum of £50. If you pay this amount up front during the claim there is a risk you will not recover this sum if the case is then subsequently refused.
You are entitled to cancel this agreement at any point within 14 days of us receiving your signed completed documents. After the 14 day cool off period has lapsed, any cancellations may be subject to charges being made in respect of reasonable time we have spent on your case. An hourly rate of £50 per hour will be charged in respect of any work that we have done for you up to the point of cancellation.
You can request to cancel your agreement in writing by emailing email@example.com, or alternatively you can send a letter to us at Criminal Claims Bureau, Harrogate Business Centre, Hookstone Avenue, Harrogate HG2 8ER. You may also telephone us to cancel or call in at our offices.
Data Protection - Our Use of Data
We will use your information to provide and personalise our claims handling service. Where we collect personal data, we store this securely in electronic copy but also where claims progress in hard copy.
This data will only be used to either assess or handle your potential criminal injury claim and for no other purpose.
We ensure that the provisions and obligations imposed by the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) together with any subsequent re-enactment or amendment thereof in storing and processing personal data, are complied with at all times.
Lawful basis for processing your data
The processing of personal data for any clients relating to the pursuing of a legal matter of this nature is supported under the following Article 6 & 9 conditions of the GDPR:
(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.
(b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.
We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”.
(a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes. (Special category – Health)
We may contact you by post, email or telephone for these purposes. We will never pass your personal data to anyone else or disclose information on your claim to anyone without your prior approval unless we are legally required to do so for example in the event of the sale of the business.
We record all telephone calls we make and receive. This is a regulatory requirement under the Financial Conduct Authority CMCOB 2 : Conduct of business. The specific rules on call recording within our regulatory framework can be found here: https://www.handbook.fca.org.uk/handbook/CMCOB/2/3.pdf
If in the unlikely event that you are at all dissatisfied with our service please visit our web page here for more details on how to lodge a complaint. You can communicate your cancellation to us in writing by email (enquiries[at]criminal-injuries.co.uk) or by sending a letter to us at our business address: Criminal Claims Bureau, Harrogate Business Centre, Hookstone Avenue, Harrogate HG2 8ER.
If you as an individual have been made bankrupt, or are under an individual voluntary arrangements (IVA), Debt Relief Order or are otherwise part of a Debt Management plan, you must disclose this to us at the earliest possible opportunity. We reserve the right to hold you fully liable for any unpaid fees that may be recovered beforehand by your debt management administrators.
Governance and jurisdiction
For the avoidance of any doubt, the Damages Based Agreement that exists between you as the client and the Criminal Claims Bureau as your representatives in this matter and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with English law.