Terms

The Finance Facility Terms and Conditions

These terms and conditions explain our services to you as our client and your obligations to us (The Finance Facility). You accept that these Terms & Conditions take precedence over any other documents, conversations or in the course of dealings and represent the understanding between you and us. They can only be varied with our written agreement and signed by a Director. You need to read these terms very carefully, since they will apply as soon as we are appointed as your Broker. We cannot accept any responsibility for you failing to read them.

Our Services

We provide a variety of services by telephone, internet, mail and other means. These may include acting as a loan and finance broker; insurance introducer*; introducer to debt and property possession adjusters/advisers, compensation advisers, utility switching agents, prepayment card and bank account providers, equity release arrangers and credit reference advisers. We are not responsible for any tax or legal advice regarding any of these services and you must rely on your own expert advisers in those fields. By asking us to provide you with services you authorise us and any associate companies to act on your behalf.

When you request us, orally or in writing, to provide you with a service, you agree to abide by these terms and conditions. We acknowledge your instructions expressly or by acting upon them. You can only withdraw or vary your instructions with our consent. At all times we treat you as our Client. We accept no liability or obligation to any third party whether or not you may be acting as their agent, fiduciary or intermediary. Even if you disclose their identity to us and you are acting in such a capacity, your obligations to us remain unaffected. We are entitled to act on any oral or written instructions that we receive from you or anyone we believe is authorised by you to give them.

Limitations

When acting as a loan or finance broker we seek to get a lender or financier to offer you a loan or finance. We will endeavour to obtain for you a Loan in the amount you have requested. As a Broker and not a direct lender, we do not guarantee to obtain for you any of, or the full amount of any loan as first requested, as all loan offers are subject to your own personal circumstances. To clarify this, any amount of loan offered by a Lender will therefore be deemed as an acceptable offer of a Loan for you, no matter the amount offered. We also act as your Personal Broker for a period of 6 months in order to maximise your chances of getting a lender or financier to make you an offer of a loan or finance. We aim to match your loan or finance application with one or more of the bank of lenders or financiers we deal with. We do not act on behalf of the lenders or financiers or represent them in any way. For your protection we require the documentation covering any loan or finance agreement to meet statutory and regulatory safeguards laid down by the Consumer Credit Acts 1974 and 2006. If you would like to know more about the protections and remedies provided under those Acts please contact your local Trading Standards Department or The Citizens Advice Bureau.

We do not offer loans or finance directly. Only the lenders or financiers decide whether to approve loan or finance applications, how much to lend or finance, at what interest rate, on which terms and on what evidence of ability to repay. Where we give examples they are only illustrations. We do not warrant that examples are the actual rates and amounts because the lenders or financiers ultimately decide whether to give approval for any loan or finance and on what terms they decide according to your specific circumstances.

Communication

Unless you inform us differently, you agree to us using telephone, email, SMS, fax and/or post to contact you to discuss products and services without having first been expressly invited to do so. This will override any registrations you may have with any preference services. To communicate in writing we may use the last postal address you give us. Please note that to improve our service we record all, and may monitor telephone conversations with you for security, training and evidential purposes.

Checks

When trying to source you a loan or finance and make decisions about them, manage your accounts, utilities, premiums, debts or provide any other services, we or associate companies (including lenders and financiers) may use credit scoring or other automated systems to assess your application, make decisions and verify your identity. These systems include searching your records with credit reference agencies, employers, fraud and money laundering prevention agencies and the electoral register as well as providing them with information. These agencies can add your details to their records for other organisations to do searches. Where there are joint clients, both records are processed by the agencies and a link between you can be created.

To help our fraud prevention and data protection strategy, you agree to us and any of our associate companies, credit reference agencies and selected third parties processing and using personal data (whether provided electronically, in writing or orally) you give us. You agree to us using the data to advise you of other products and services unless you notify us to the contrary. The information you give us must be true and accurate, we rely entirely on the information you our client provide to us and we are not responsible for any inaccurate or false information supplied by you. You warrant and undertake to comply with all legal and regulatory disclosure requirements so that we can comply with our obligations. If you provide us with false or inaccurate information and/or we suspect fraud we may notify agencies which could have a detrimental impact on your credit records. In the event that you provide us with inaccurate or misleading information, we reserve the right to reclaim any losses incurred by us in performing the service to you.

If you authorise anyone else to give us instructions, any action we take on their instructions will be binding on you. If there are joint applicants each has authority to deal with us for the other. Notice to one is notice to both. We can require joint instructions. If instructions from different joint applicants are inconsistent, we can choose to take no action until we receive satisfactory instructions. To withdraw any authority you must notify us in writing.

Fees

We charge a fee of £79.95 for providing our Personal Service to you for acting as your Exclusive Personal Finance Broker, this exclusivity lasts for a period of six months from the date of your application with us. We specify the fee as part of our communications with you. To clarify this, our fee is taken once your application for a Loan has been accepted by one or more of our Lenders, this from our approved Bank of Lenders. To facilitate us processing payments and repayments, you authorise us to retain your charge, credit and or debit card details. If a Lender or Financier makes you a Loan or Finance offer, in addition to the fee we may also receive a variable commission from the lender or financier (more detail is available on request) and you agree that we may retain it.

We will ask you for your Debit/Credit Card details, this is initially to check that you have a current UK Bank Account, by agreeing to these Terms & Conditions, you give us the authority to carry out a pre-authorisation on the account you have supplied in the sum of less than 0.50p (this pre-authorisation will then be cancelled and it will not show on your account) this is to validate your Card account details. In the event your application is processed and you are accepted for a loan by one or more of our lenders, you irrevocably authorise us to use the same Card Account & details you have provided to pay our fee of £79.95. We will only charge this fee once.

This is a PERSONAL SERVICE that we provide to you our client. Once an application has been processed the fee charged cannot be cancelled. However, under Financial Services (Distance Marketing) Regulations 2004, you do have a right to cancel any loan agreement brokered by us on your behalf, within 14 days of receiving the terms and conditions off the Lender and receive a refund of any interest charged by the Lender in that 14 day period (the refund of any interest charged by a Lender or other third party has to be reclaimed directly from them), The Finance Facility is not responsible if you have accepted charges made or levied by any third party Lender or Advisor that you have or may of appointed or entered into by way of a separate agreement, not conducted through The Finance Facility. If you want to cancel a Loan within 14 days, you must write to the Lender directly quoting their reference number, stating that you want to cancel the agreement. Also write to The Finance Facility notifying us of your request, so that we may notify the Lenders on your behalf.

If you do not take any financial solution within 6 months of the date your application fee is paid, you may be entitled to a refund of your application fee. In this event we will refund your fee (less an admin charge of £5.00) within 21 days of the date on which we receive your written request for a refund of your application fee. However, you cannot cancel your application and expect a refund if you have accepted a loan during our exclusive 6 month relationship period, even if, in your opinion it was not directly brokered by us, as any such solution will be deemed that it has been brokered by us for you within the 6 months from the date of your paid application fee. Prior to issuing any refund, we may instigate a Credit Check to confirm this. Any requests for a refund must be made in writing to: The Refunds Department, The Finance Facility, P.O. Box 215, Prescot, L35 1WA. You must enclose a stamped and addressed envelope for our reply, which will be within 21 days.
If we provide services other than acting as a loan or finance broker (including Debt Management Plans and IVA’s), we shall be entitled to charge a fee for those services. In the event a guarantor is required to guarantee the repayments of any loan brokered, this will be deemed an acceptable offer of an unsecured loan, as any such loan is not secured against the guarantors or lenders property.

All calls are recorded for training and security purposes.

Exclusions

We shall not be liable for any breach of obligation to you by any bank, counterparty, intermediary or other third party with whom you do business. You will be liable for any loss you suffer as a consequence of you providing inaccurate information. If there is any partial non-performance of our obligations, provided we have made reasonable endeavours to perform them you must give us full credit for doing so. We will incur no liability for any loss arising from non-performance by us which is caused by something beyond our reasonable control including changes in the law or regulations affecting how we normally operate.

In the event that any of these terms (each of which is severable) is for any reason illegal, invalid or unenforceable, such provision is to be deemed modified sufficiently to render it enforceable, legal and valid and of similar effect as we intended. Apart from provisions expressly covering associate companies, nothing in these terms is enforceable by anyone who is not a party to them.

Terms and Conditions of use and access to The Finance Facility website

The use of the Finance Facility Website is subject to the terms and conditions set out below. Please take a moment to read these terms and conditions carefully. By using or accessing any part of the Finance Facility website, you agree to be bound by the following terms and conditions.

Copyright

The copyright and material on this website is owned by The Finance Facility and is protected by the copyright laws of the United Kingdom. The material on this website may only be used by those who access it from the United Kingdom and such users will be entitled to copy any such information for their own personal use but may not republish, store or reproduce any such information in any manner, including but not limited to electronic reproduction, without the prior written consent of The Finance Facility. Any unauthorised downloading, retransmission, or other copying or modification of any of the contents of this website may be in breach of statutory or common law rights which could be the subject of legal action.

The Finance Facility disclaims all liability which may result from any unauthorised reproduction or use of the information on this Website.

Trade Marks

Certain names, words, titles, phrases, logos, icons, graphics or designs to the pages of this website may constitute trade names or unregistered trade marks of The Finance Facility. The display of any of the above trade names or trade marks on pages of this website does not imply that any licence has been granted to any third party in respect of the same. All other product or company names and devices, logos, icons, graphics or designs referred to on the pages of this website are the trademarks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trademark owners and The Finance Facility intends no infringement of any such trade marks. The appearance or absence of products, services, companies, organisations, home pages or other websites on this website does not imply any endorsement or non-endorsement thereof by The Finance Facility. All rights not expressly granted herein are reserved by The Finance Facility.

Liability

The Finance Facility shall not be liable for any direct or indirect, special, incidental or consequential damages, including the loss of profits, business revenue or goodwill arising from the use or access of or inability to use or access, interruption or availability of this Website, its operation or transmission, computer viruses, loss of data or otherwise in respect of its use.

Any exclusions or limitations or restrictions of liability contained in these terms and conditions of use and access of this website shall be subject to the qualification that nothing contained in any such exclusion or limitations or restrictions of liability shall operate to exclude or restrict any duty or liability of The Finance Facility to any person which it has under the Financial Services and Markets Act 2000 or its amendments.

Warranties

The information, materials and functions contained in this website including text, graphics, links or other items are provided on an “as is” basis excluding any warranty whatsoever, express or implied, including but not limited to warranties of satisfactory quality, fitness for a particular purpose or freedom from computer viruses. The Finance Facility excludes any liability for any errors in or omissions from information, materials and functions included in this website or any third party Websites linked to or from this website.

Jurisdiction

This website is intended to be accessed only by persons located in the UK and The Finance Facility makes no representation that any information, materials or functions included in this Website are appropriate for use in any other jurisdiction. However, if you are unsure whether the products and services referred to on this website are available to you, please write to us at:
Customer Service Department, The Finance Facility, P.O. Box 215, Prescot, L35 1WA.

Personal Data & Privacy Policy

As the Internet is not a totally secure medium of communication, The Finance Facility, it’s Parent Company and its partners cannot guarantee the security of any information you input on this website or send to us on the Internet. The Finance Facility is not, and will not be, responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.

To minimise the possible risks associated with the provision of personal data, every on-line application on this website is encrypted using 256-bit encryption – the latest and most powerful encryption technology available. This ensures information is virtually impossible for anyone else to read unless they have the ‘key’ or password. A secure communications link, called a Secure Socket Layer (SSL), encrypts all the information passed between your browser and The Finance Facility online applications.

By agreeing to these terms and conditions we may contact you about services or products offered by us or other companies in our group or approved by us which we believe you may be interested in, or to carry out market research about our services or products or those of third parties. We may also pass information to other companies approved by us so that they may contact you about services or products which they believe you may be interested in.

Contact for these purposes may be by post, email, SMS or by other means as we may agree with you from time to time. This will override any registrations you may have with any preference services.

If you do not wish to receive on-going contact from us please send a request in writing to:
Customer Service Department, The Finance Facility, P.O. Box 215, Prescot, L35 1WA.

Web Links

The provision by The Finance Facility of a link to another Website does not constitute any authorisation by The Finance Facility to the user to access material held at that location, nor is it evidence of any endorsement by The Finance Facility of the material held there. The Finance Facility accepts no responsibility or liability for the privacy of your personal information on such Websites, as these are beyond our control. The Finance Facility will not accept any responsibility or liability in respect of any materials on any Website which is not under its control.

Website Problems

This website has been extensively tested and should work properly at all times. However, if you experience a problem at any time, please return to the homepage and try again. If the problem persists you can contact us by following the link on the ‘Contact Us’ page.

Complaints

We operate a complaints procedure. If you wish to make a formal complaint, please send your complaint in writing to:
Customer Service Department, The Finance Facility, Netherley Road, Tarbock, Merseyside. L35 1RG. We are a Licensed Credit Broker, licensed under the Consumer Credit Act 1974, License No. 632721. If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standards Department or The Citizen’s Advice Bureau. If after complaining you are still not satisfied you do have the right to refer your complaint to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR.

Enforceability

In the event any provision of these terms and conditions of use and access to this website is held unenforceable, it will not affect the validity and enforceability of the remaining provisions and will be replaced by an enforceable provision that is the nearest to the intention underlying the unenforceable provision.

Information

Information provided in this website is believed to be reliable when posted. However, The Finance Facility & its Partners cannot guarantee that information will be accurate, complete and current at all times. All information on this website is subject to modification from time to time without notice.

Governing Laws

The terms and conditions of use of this website shall be governed by and construed in accordance with the laws of England and Wales.