TERMS AND CONDITIONS WE OPERATE UNDER
TERMS AND CONDITIONS WE OPERATE UNDER
- This document is issued on behalf of Mortgage ID whose head office is Paragon House 13 St Andrews Crescent, Cardiff, CF10 3DB. Mortgage ID can be contacted at this address by email at firstname.lastname@example.org and by telephone on 02920 394400.
- Commencement of Client Agreement
- Client Monies
- Mortgage and Insurance Objectives
- Your protection
- Client Categorisation
- Services which are not regulated by the Financial Conduct Authority
- Client Relations
- Personal Interests
- Advice and Instructions
- Data Protection
- Material Interests
- Consequences of Insurance Policy Cancellation
Mortgage ID is Authorised and Regulated by the Financial Conduct Authority. The Financial Conduct Authority (FCA) regulates the financial services industry in the UK and their address is 25 The North Colonnade, Canary Wharf, London, E14 5HS. You can check this on the FCA’s Register by visiting the FCA’s website www.FCA.gov.uk/register FCA No. 302699 or by contacting the FCA on 0845 606 1234.
The Financial Services and Markets Act 2000, requires that we explain the main aspects of the way we operate, and how this affects you, the client. This Client Agreement will be effective from the date of receipt but may be amended by us following any initial interview intended to ascertain your current financial situation, objectives, and attitude to financial risk. Any such amended Client Agreement will be sent to you within 10 working days of that interview. However, irrespective of any amendments arising from such interviews, we reserve the right to amend the terms of this letter without your consent, but we will give at least 10 business days’ notice before conducting relevant business, unless we consider it to be impracticable to do so under the circumstances at that time.
For your security, WE DO NOT HANDLE CLIENT MONIES. All payments for lender generated mortgage fees or insurance premiums must be made directly to the lender or insurance office. If we agree to make a payment on your behalf in order to speed up an application of any kind we will only do so with your agreement and on the understanding that we will invoice you for this and expect payment within 7 days. These funds will be considered a repayment of a debt to us and not CLIENT MONIES
Following the issue of this letter, any subsequent advice or recommendation offered to you will be based on your stated objectives, acceptable level of risk and any instructions you wish to make regarding the type of mortgage or insurance policies you are willing to consider. Details of your stated objectives will be included in the Suitability Report or Demands and Needs Statement we issue to you confirming the reasons for our recommendations.
Unless advised to the contrary, we will assume that you wish to place no restriction on the types of mortgages or insurances we may recommend and in which you may subsequently invest.
Furthermore, unless advised to the contrary, we will assume that you wish to place no restriction on the markets in which transactions are to be executed.
A full listing of products is available from your adviser upon request.
In most cases you can exercise a right to cancel, by withdrawing from the contract recommended to you. In general terms you will have a 30 day cancellation period for a pure protection policy and a 14 day cancellation period for a general insurance policy. Please note that in most instances you will not be able to exercise a right to cancel a mortgage contract once completed, unless the contract is concluded at a distance (i.e. no face to face advice), at which point you will have a 14 day cancellation period. Additionally, any contracts arranged at your explicit consent (normally referred to as “execution only”) do not provide cancellation rights.
The start of the cancellation period will normally begin, for pure protection policies, when you are informed that the contract has been concluded or, if later, when you have received the contractual terms and conditions. Instructions for exercising the right to cancel, if applicable, will be contained in the relevant product disclosure information which will be issued to you.
The Financial Conduct Authority has a number of different classifications of client, which have differing levels of regulatory protection. We believe in providing our clients with full regulatory protection and we have, therefore, classified you as follows in respect of the following types of business.
Insurance Business: A Consumer (from Consumer and Commercial); and
Mortgage Business: A Customer (from Customer or Large Business Customer).
Some of the services provided by us may be not regulated by Financial Conduct Authority since they are not included within the Financial Services and Markets Act 2000. Where we intend to provide advice in relation to unregulated activities, we will confirm to you what these services are and the fact that they are not regulated by the Financial Conduct Authority. Currently, non-consumer buy to let mortgages, (defined as property which is purchased with the express purpose of renting it out, or where the property was previously purchased but never occupied by the owner or his family or where the buyer already owns property for rental are considered non-consumer buy to let properties.) commercial property transactions and bridging loans where the loan is secured against the property with a 2nd or 3rd charge are not FCA regulated.
When you have instructed us to arrange a specific contract or contracts no further advice will be given unless it is requested by you or we have your agreement confirmed in writing to provide periodic reviews. (It is our normal practice to obtain your permission for re-contact during the fact finding process.) We will, if no agreement is in place be pleased to advise you at any time should you require further assistance. We welcome client referrals and would be delighted to offer advice to your friends, family and business acquaintances.
Occasions can arise where we, or one of our other customers, will have some form of interest in business which we are transacting for you. If this happens, or we become aware that our interests or those of one of our other customers conflict with your interests, we will inform you in writing and obtain your consent before we carry out your instructions.
In addition to making telephone calls at your express invitation, we may call on you at intervals to review your requirements. This will not affect any statutory right of cancellation you may have. Calls will not be made on a Sunday or between 9pm and 9am on any other day.
Any advice given to you by us will be in writing. We prefer our clients to give us instructions in writing, to aid clarification and avoid future misunderstandings. We will, however, accept oral instructions provided they are confirmed in writing. We may, at our discretion, refuse to accept instructions although such discretion shall not be exercised unreasonably. We will record all transactions on our files which, along with copies of relevant documentation, will be retained by us for a period of not less than six years. For security and training purposes, Mortgage ID records all telephone calls. You have a right to inspect copies of contract notes, vouchers and entries in our books or computerised records relating to your transactions. We reserve the right to withhold copies of these records if information pertaining to other parties would be disclosed. We make a £10 charge for this service.
The authority to act on your behalf may be terminated at any time without penalty by either party giving seven days’ notice in writing to that effect to the other, but without prejudice to the completion of transactions already initiated. Any transactions effected before termination and a due proportion of any period charges for services shall be settled to that date.
This Client Agreement is governed and shall be construed in accordance with English & Welsh Law and the parties shall submit to the exclusive jurisdiction of the English or Welsh Courts.
Mortgage ID shall not be in breach of this Agreement and shall not incur any liability to you if there is any failure to perform its duties due to any circumstances reasonably beyond its control.
The information you have provided is subject to the Data Protection Act 1998 (the “Act”). By signing this document you consent to us or any company associated with us processing, both manually and by electronic means, your personal data for the purposes of providing advice, administration and management.
“Processing” includes obtaining, recording or holding information or data, transferring it to other companies associated with us, to product providers, the Financial Conduct Authority or any other statutory, governmental or regulatory body for legitimate purposes including, where relevant, to solicitors and/or other debt collection agencies for debt collection purposes and carrying out operations on the information or data.
In order to provide services to you we may be required to pass your personal information to parties located outside of the European Economic Area (EEA) in countries that do not have Data Protection Laws equivalent to those in the UK. Where this is the case we will take responsible steps to ensure the privacy of your information.
We may also contact you or pass your details to other companies associated with us to contact you (including by telephone) with details of any other similar products, promotions, or for related marketing purposes in which we think you may be interested.
The information provided may also contain sensitive personal data for the purposes of the Act, being information as to your physical or mental health or condition; the committing or alleged committing of any offence by you; any proceedings for an offence committed or alleged to have been committed by you, including the outcome or sentence in such proceedings; your political opinions, religious or similar beliefs, sexual life; or your membership of a Union.
If at any time you wish us or any company associated with us to cease processing your personal data or sensitive personal data, or contacting you for marketing purposes, please contact The Data Protection Officer on Telephone: 02920 394400 or in writing at Paragon House, 13 St Andrews Crescent, Cardiff, CF10 3DB.
You may be assured that we and any company associated with us will treat all personal data and sensitive personal data as confidential and will not process it other than for a legitimate purpose. Steps will be taken to ensure that the information is accurate, kept up to date and not kept for longer than is necessary. Measures will also be taken to safeguard against unauthorised or unlawful processing and accidental loss or destruction or damage to the data.
Subject to certain exceptions, you are entitled to have access to your personal and sensitive personal data held by us. You may be charged a fee (subject to the statutory maximum) for supplying you with such data.
In accordance with the rules of our regulator, The Financial Conduct Authority, we are prohibited from accepting any payment (commission or other non-monetary benefits) which is likely to conflict with the duty of the firm to its clients.
Where you chose for this firm to be remunerated by Payment of Commission or Payment by a Combination of Commission and Fee and you subsequently cancel a term insurance or general insurance plan we have established for you after the statutory cooling off period has ended (see 6. Your Protection), the provider will claim back all or part of the commission they have paid us. The amount recoverable and the timeframe over which it is recoverable are dependent on the product chosen. Should this happen, we reserve the right to invoice you to recover our lost income. The amount we will claim would be an amount equal to the amount we have refunded to the provider. Further details of the amount and timeframe will be notified to you prior to the conclusion of the contract in the Suitability or Demands and Needs Letter we will send you.