Terms of Business


Table Of Contents

  1. These terms
  2. Information about us and how to contact us
  3. Our contract with you
  4. Our service
  5. MORTGAGES AND INSURANCE
  6. Your rights to make changes
  7. Providing the service to you
  8. Your rights to end the contract
  9. How to end the contract with us (including if you have changed your mind)
  10. Our rights to end the contract
  11. If there is a problem with the service
  12. Fees and payment for our services
  13. CONTRACT FOR MORTGAGE AND INSURANCE
  14. Our responsibility for loss or damage suffered by you
  15. How we may use your personal information and third party information
  16. Other important terms

OUR TERMS

  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions on which we provide our services to you when you apply for a mortgage or insurance via our website or our telephone service.
    2. Why you should read them. Please read these terms carefully before you use our services. These terms tell you who we are, how we will provide the service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are Deal Direct Financial Solutions Ltd a company registered in England and Wales. Our company registration number is 05446793 and our registered office is at Suite B 2nd Floor, 3500 Parkway, Solent Business Park, Whiteley, PO15 7AL.
    2. We are regulated by the FCA. Deal Direct Financial Solutions Ltd is authorised and regulated by the Financial Conduct Authority for regulated mortgage and non-investment insurance contracts. Our FCA Number is 478726.
    3. How to contact us. You can contact us by telephoning our customer service team on 02392 006428 or by writing to us at office@dd-fs.co.uk and Suite B 2nd Floor, 3500 Parkway, Solent Business Park, Whiteley, PO15 7AL.
    4. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us over the telephone or via our contact form.
    5. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU
    1. How a contract is formed between us. Our acceptance of your order for mortgage and insurance intermediary services will take place when you return our welcome pack to us and we call, write or email you to accept it, at which point a contract will come into existence between you and us.Our contract with you is subject to our obtaining sufficient evidence of your identity. If you do not provide us with sufficient evidence of your identity or we cannot verify the information you give us, we will not be able to provide services to you.
    2. If we cannot provide services to you. If we are unable to provide services to you, we will inform you of this in writing. This might be because:
      1. the documentation you provide cannot be verified;
      2. your application has been declined by a lender;
      3. you fail our anti-money laundering or counter terrorism financing due diligence process;
      4. your chosen mortgage or insurance is no longer available and a suitable alternative cannot be provided;
      5. we believe that the information you provided is inaccurate or incomplete;
      6. a credit reference we have obtained for you does not meet our minimum requirements;
      7. because we are unable to meet a completion deadline you have specified; or
      8. because we have become aware of a conflict of interest between you and another customer of ours.
    3. Your reference number. We will assign a reference number to your transaction and tell you what it is when we agree to provide services to you. It will help us if you can tell us the reference number whenever you contact us about your transaction.
    4. We only sell to the UK. Our website is solely for the promotion of mortgages and insurance to customers in the UK. Unfortunately, we do not provide services to customers outside the UK.
  4. OUR SERVICE We provide an online and telephone mortgage and insurance intermediary service which enables you to search and compare mortgages and insurance provided by a panel of third party lenders and insurance providers on the UK market. We receive a fee and/or commission from third party lenders and insurance providers when you use our service to purchase mortgages or insurance. We will let you know how much commission or what fee we will receive.
  5. MORTGAGES AND INSURANCE
    1. Financial products are provided by third parties. The mortgages and insurance displayed on our website are not provided by us but by third party lenders and insurance providers over whom we do not have control.
    2. You must check suitability. We make recommendations for mortgages and insurance based on the information that you provide to us about you, your family, your preferences and circumstances. You should always check that mortgages and insurance of interest to you are suitable, adequate and appropriate for your requirements before you apply for the product, in particular if you are applying for a mortgage you must check the Suitability Letter that we send out once a mortgage is recommended. If you are in any doubt as to the suitability, adequacy or appropriateness of any products referred to on the website or in a telephone conversation with you, we suggest that you seek independent professional advice before you obtain it. We do not provide legal, tax or investment advice.
    3. There are other financial products on the market. Our website provides information on a wide range of mortgages and insurance but there may be other products available on the market and other lenders and insurance providers which are not shown on our website and which may be more appropriate or suitable for you than those shown on our website.
    4. Finance products are subject to third parties’ terms. Your obtaining of any mortgages or insurance will be subject to the lender or insurance provider’s own terms and conditions (which will be different from ours). It is very important, before you apply for any mortgage or insurance, that you familiarise yourself with all the details of the mortgage or insurance. You should carefully read the lender’s or insurance provider’s terms and conditions and any other documentation that applies to the mortgage or insurance to make sure that the term, any applicable early termination penalties, restrictions, exclusions, conditions and obligations which apply to your chosen mortgage or insurance are acceptable to you.
    5. Before you buy a financial product. Before you buy a product from a lender or insurance provider, you must check all of the information, content, material or data that the provider holds about you to make sure that it is complete, accurate and correct. You must also disclose all relevant facts and must not mislead the provider. It is your responsibility to identify and correct any mistakes or errors in the information, content, material or data before you buy any product. If you do not do this, then this could invalidate the mortgage or insurance that you purchase. For example, if you apply for insurance and you give an inaccurate answer to a question, this could mean that you do not have insurance cover, claims may not be paid and you could be responsible for any third party costs if an event occurs where you would otherwise have been covered by the insurance. In order to apply for a mortgage or insurance we will liaise with the relevant lender or insurance provider on your behalf.
    6. Disclose all relevant information. If you are unsure whether information is relevant or must be disclosed or if you think information may be inaccurate, you should disclose it to your proposed lender or insurance provider before you apply for a mortgage or insurance.
  6. YOUR RIGHTS TO MAKE CHANGESIf you wish to make a change to the mortgage or insurance you have applied for, please contact us. Please see the Initial Disclosure Document sent to you as part of your welcome pack for information on amendments to your application for a mortgage or insurance after it has been submitted.
  7. PROVIDING THE SERVICE TO YOU
    1. When we will provide the service. We will start searching for mortgages and insurance that we think might be suitable for you once our contract with you is formed.
    2. We are not responsible for delays outside our control. If our supply of the mortgage and insurance intermediary service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
    3. If we are unable to contact you to provide services. If we are unable to contact you to provide mortgage and insurance intermediary services as arranged (and you do not have a good reason for this) we may end the contract and clause 10.2 will apply.
    4. What will happen if you do not give required information to us? We may need certain information from you so that we can look for a mortgage or insurance for you. If you do not give us this information within a reasonable time of us asking for it or if you give us incomplete or incorrect information, any advice or recommendations put forward by us will be correspondingly restricted and will not take into account all your personal circumstances. In addition, we may end the contract (and clause 10.2 will apply). We will not be responsible for providing the mortgage and insurance intermediary service late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    5. We may also suspend supply of the service if you do not pay. If you do not pay us the fee when you are supposed to (see clause 12.3) and you still do not make payment within 3 days of us reminding you that payment is due, we may stop work on your transaction until you have paid us the outstanding amounts. We will contact you to tell you we are suspending work on your transaction. We will not suspend the service where you dispute the unpaid invoice (see clause 12.5). As well as suspending the service we can also charge you interest on your overdue payments (see clause 12.4).
  8. YOUR RIGHTS TO END THE CONTRACT
    1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
    2. If the service is misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 11;
    3. Ending the contract because of something we have done wrong. You have a legal right to end the contract because of something we have done wrong. If you are ending a contract because of something we have done wrong, the contract will end immediately and you may be entitled to compensation.
    4. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought over the telephone, by exchange of emails or online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013 are explained in more detail in these terms:
      1. How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order for mortgage or insurance intermediary services. However, once we have submitted an application to a lender or insurance provider for your chosen mortgage or insurance you cannot change your mind even if the period is still running. If you cancel after we have submitted the application you must pay our fee for our services.
      2. When you do not have the right to change your mind. Once you have instructed us to submit an application for your chosen mortgage or insurance, you will not have any right to cancel the contract or receive a refund of the fee for securing a mortgage or insurance offer for you from your chosen lender or insurance provider even if the cancellation period is still running.
    5. Ending the contract in other circumstances. You have the right to cancel the contract and receive a refund of the fee for fee for securing a mortgage or insurance offer for you if your chosen lender rejects your application for reasons we knew about prior to submitting your application.
    6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.3), you can still end the contract at any time before you instruct us to submit an application for a mortgage or insurance. Just contact us to let us know. The contract will end immediately. You do not have the right to end the contract and receive a refund in the following circumstances:
      1. if you decide not to take out a mortgage or insurance after you have instructed us to submit an application for a mortgage or insurance;
      2. you decide not to proceed once a mortgage or insurance offer has been issued;
      3. you receive a mortgage or insurance offer, but fail to accept it within a reasonable time or a timescale specified by the relevant lender or insurance provider; or
      4. if a lender or insurance provider rejects your application for reasons you did not make us aware of.
  9. HOW TO END THE CONTRACT WITH US (including if you have changed your mind)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: call customer services on 02392 006428 or email us at office@dd-fs.co.uk, or write to us at Suite B 2nd Floor, 3500 Parkway, Solent Business Park, Whiteley, PO15 7AL. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    2. How we will refund you. We will refund you the fee, by the method you used for payment. However, we may make deductions from the price, as described below.
    3. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
  10. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if you break it. We may end the contract for the service at any time by writing to you if:
      1. you do not pay our fee to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the mortgage and insurance intermediary service, for example, information about your family, you preferences and your circumstances; or
      3. you do not, within a reasonable time, allow us to contact you to provide the mortgage and insurance intermediary service to you.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for the mortgage and insurance intermediary service we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  11. IF THERE IS A PROBLEM WITH THE SERVICE
    1. How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone our customer service team at 02392 006428 or write to us at office@dd-fs.co.uk and Suite B 2nd Floor, 3500 Parkway, Solent Business Park, Whiteley, PO15 7AL.
    2. If you are not satisfied with our response. If you are not satisfied with our response to your complaint about the service, depending on the nature of your complaint you may have the right to refer your case to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR; telephone 0800023 4567; email enquiries@financial-ombudsman.org.uk; website www.financial-ombudsman.org.uk.
    3. If you are unhappy with any financial product. If you are unhappy with any mortgage or insurance you have obtained from a third party, you should direct your complaint directly to that third party. If you require their contact details, please contact our customer services team using the details set out at paragraph 11.1 above.
  12. FEES AND PAYMENT FOR OUR SERVICES
    1. Where to find the fee for our service. The fee for securing a mortgage or insurance offer for you from your chosen lender or insurance provider is set out in the Initial Disclosure Document sent to you as part of your welcome pack.
    2. The fee is exempt from VAT. If the rate of VAT changes between your order date and the date we provide the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
    3. How you must pay. We accept payment by Visa, Mastercard or American Express. We do not accept payment by cash.
    4. When you must pay. For our service, you must make an advance payment of the amount set out in the Initial Disclosure Document sent to you as part of your welcome pack. The advance payment must be paid before we submit an application for your chosen mortgage. The balance of our fee is due when the mortgage offer is issued by your chosen lender. However you may defer payment for up to 12 months from the date of completion of your mortgage. As an alternative, you may pay the balance of the price of the service in up to 11 instalments.
    5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  13. CONTRACT FOR MORTGAGE AND INSURANCE
    1. Separate contract with your lender or insurance provider. Your contract for mortgages or insurance is a separate contract with the relevant lender or insurance provider and is subject to separate terms and conditions. It is your responsibility to ensure that you comply with the terms and conditions of your contract with the relevant lender or insurance provider. For example, your home may be repossessed if you do not keep up repayments on your mortgage.
    2. Right to cancel your mortgage or insurance contract. In most cases you can exercise a right to cancel your mortgage or insurance contract, by withdrawing from the contract recommended to you. In general terms you will have a 30 day cancellation period for a pure protection policy, such as life insurance, and a 14 day cancellation period for a general insurance policy, such as buildings and contents insurance. If you require confirmation of which category of insurance your policy falls into, please ask us. Please note that in most instances you will not be able to exercise a right to cancel a mortgage contract, unless the contract is concluded at a distance such as via our website, at which point you will have a 14 day cancellation period. Additionally, any contracts arranged at your explicit request (normally referred to as “execution only”) do not provide cancellation rights.
    3. When the cancellation period begins. The start of the cancellation period referred to in clause 13.2 will normally begin on the day the contract is concluded or, if later, the day on which you receive the contractual terms and conditions. Instructions for exercising the right to cancel, if applicable, will be contained in the relevant lender’s or insurance provider’s terms and conditions or other documentation that applies to your product.
  14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of our duties under the Financial Services and Markets Act 2000, as amended (FSMA) or any conduct or business rules developed pursuant to FSMA.
    3. We are not liable for business losses. We only provide mortgage and insurance intermediary services for domestic and private use. If you use our service for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. We are not liable for inaccurate information. We will have no liability to you for any loss or damage you may incur because information, material or data you provide to us is accurate, incomplete, incorrect, misleading or if you fail to disclose all relevant facts.
    5. We are not liable for your failure to comply with the lender’s or insurance provider’s terms and conditions. We will have no liability to you for any loss or damage you may incur because you fail to read or comply with the terms or your contract with your chosen lender or insurance provider.
  15. HOW WE MAY USE YOUR PERSONAL INFORMATION AND THIRD PARTY INFORMATION
    1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy www.dealdirectfinancial.co.uk/privacy
    2. Information you provide to us so that we can search for a product for you. Our service allows you to search for a compare various types of products from different providers. You will need to answer a number of questions so that we can compare or obtain a quote for any product. These questions are designed to make sure that we and all relevant providers have all the information that they need to give you appropriate information relating to the product in which you are interested. Certain features of a product, such as the level of cover (if applicable) and the amount you will pay will be determined by the answers that you provide to these questions. This means that it is essential that you answer all of the questions truthfully, completely and accurately.
    3. Third party information. Some products (such as mortgages and insurance) may require you to provide information from other people such as information on your dependents and partners or spouse. You must get permission from any other person whose information you intend to provide to us before you provide it and you must make sure that they understand how their details will be used.
  16. OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the service in either the Northern Irish or the English courts.
    7. Alternative dispute resolution. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

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