Client Terms of Business – Vehicle Finance
1. Introduction
These Terms of Business explain the services we offer, how you will pay for our services, and our regulatory status. It is an important document that sets out the terms on which we agree to act for our clients and which we intend to rely on. It replaces any previous agreements and understandings we have with you (whether verbal or written).
Please read these Terms of Business carefully and retain them for future reference. We draw your attention specifically to Section 8 ‘Data Protection and Communications’ which sets out how we will use your data; and Section 9 ‘Client Money’ which explains our terms for handling client money in a Non-Statutory Trust account.
If there is anything in this document that you do not understand or with which you disagree, please contact us immediately using any of the contact details given in Section 3 ‘Who We Are’.
2. Commencement
These Terms of Business shall commence on the date you receive them from us and shall remain in force until terminated in accordance with Section 14 ‘Ending your Relationship with Us’.
By asking us to quote for, advise on, arrange, renew or handle any of your finance applications, you are providing your informed agreement to these Terms of Business.
Your agreement to our Terms of Business does not affect your statutory rights.
3. Who We Are
We, Us, Our refers to Leodis Financial Ltd. which is a company registered in England No. 09865671. Our Registered Office, trading address, and contact details are:
Address: RHS Rebecca House, Rebecca Street, Bradford, West Yorkshire, BD1 2RX.
4. Who Regulates Us
The Financial Conduct Authority (FCA) is the independent watchdog that regulates UK financial services, Leodis Financial Ltd is authorized and regulated by the Financial Conduct Authority. Financial Services Register No 750327.
Our permitted business includes advising on, arranging, dealing in, and assisting with the administration and performance of credit broking activity (as described below).
You can check our regulatory status on the Financial Services Register by visiting the FCA’s website www.fca.org.uk/firms/systems-reporting/register or by contacting the FCA on 0800 111 6768.
5. Our Service
Our services to our clients include: advising and recommending vehicle leasing, hiring, and hiring purchase products from a selected panel of lenders. All products are related to the leasing, hire or purchase of a vehicle.
The FCA defines customers as either:
Please note that certain sections of these Terms of Business are only applicable to one particular customer classification and where relevant will be specified as ‘Consumers Only’ or ‘Commercial Customers Only’.
We will advise and make a recommendation for you after we have assessed your demands and needs, which may include checking information that we already hold about you and your existing finance arrangements with us and other parties.
If you want us to restrict the area of advice, you can confirm this at our initial discussion or at any time.
In some circumstances, we may provide you with a non-advised (information only) service where you will not receive advice or a recommendation from us.
We will confirm to you in writing our services along with details of any risks associated with the products recommended before you make any commitment. The documentation we will provide you with will make it clear whether we are acting for you on an advised or non-advised basis.
Where we recommend an FCA-regulated product to you, we will provide you with a Key Features document and explain the cost, fees, and scope of our services.
Neither we nor our employees are qualified to render legal or accounting advice or prepare any legal or accounting documents. It is hereby understood and agreed that the onus is on you the client to refer to a solicitor or accountant in respect of any point of law or accountancy that may arise during the course of our dealings with you.
6. Your Disclosure Obligations
Your application is based on the information provided to us and the lender. You will be told about your obligations to provide information on each application. You should pay particular attention to the importance of the declaration section on the finance agreement (application) form/statement of fact.
It is important you ensure that all statements made, for example on application forms/statements of fact (whether completed by you or otherwise) are full and accurate before submission to the lender.
You must inform us/your lender immediately of any changes in circumstances that may affect the services provided by us or the finance provided by your lender. If you are unsure about any matter, please contact us for guidance.
It is important that you carefully read through all terms, conditions, and warranties shown on your documentation to ensure that they meet your demands and needs. Please ensure you understand them and are able to follow their requirements exactly. If not, please advise us immediately as a breach of any terms, conditions, or warranties may enable your lender to terminate your agreement from the date of that breach.
You are advised to keep copies of any correspondence you send to us or direct to your lender.
7. Data Protection And Communications
We are registered with the Information Commissioners Office as a data controller. You may obtain further information about our registration by viewing the Data Protection Public Register at www.ico.org.uk.
You are responsible for providing us with your correct contact details at all times. Unless we are notified of any changes, we shall assume the information we hold about you is correct.
You confirm that you have obtained the consent of any data subjects whose personal data you provide to us. Any person disclosing personal data to us must do so in compliance with all applicable data protection laws.
Some or all of your personal and sensitive information (for example health details) you provide to us and which we obtain from third parties may be disclosed on a confidential basis to lenders and other companies (including our associated companies) for underwriting, collection, and loss recovery purposes and for the purposes noted under these Terms of Business.
Lenders may administer your agreement, any existing agreements you may have with them and provide other services, from centers in countries outside the European Economic Area (EEA) (such as India and the USA) that do not always have the same standard of Data Protection laws as the UK. However, they are required to put a contract in place to ensure that your information is adequately protected, and they will remain bound by their obligations under the Data Protection Act, even when your personal information is processed outside of the EEA.
Please note, we may also disclose your personal data where we are required by law, government authority, our regulators, auditors, or by our professional advisers.
We may pass information about you to finance providers and/or credit reference agencies for the purposes of you entering into premium installment arrangements – this may include details of your payment record with us.
Any finance search will appear on your credit report and will be visible to other credit providers whether or not your application proceeds. If you do not proceed it will be clear the search was for finance quotation purposes. Please let us know if you do NOT consent to a credit check being undertaken, however, this may affect our ability to offer credit facilities to you.
We will not disclose any information to any other parties without your written consent.
In the interests of security and to improve our service, telephone calls and emails you make to us may be monitored and/or recorded.
Under the Data Protection Act 2018, individuals have a right to obtain a copy of the personal information we hold about them in our records and where appropriate have it corrected or deleted. We may charge a nominal fee for providing a copy of the information. If you wish to exercise your right under the Data Protection Act 2018 you should write to us at the address given in Section 3 ‘Who we are.
By entering into these Terms of Business you signify your consent to the personal and sensitive data we hold is processed for the purposes noted in these Terms of Business, except to the extent that you opt-out of receiving marketing information from us and associated companies (see the section below ‘Use for marketing purposes).
Communication with you
We will usually contact you by post, telephone, or email. In certain circumstances, we may agree to correspond with you by text message.
By providing your email address and/or mobile phone number, you are agreeing to us communicating with you by email/text message (where relevant). By consenting to communication by electronic means you accept the inherent risks (including the security risks of interception of, or unauthorized access to, such communications, the risks of corruption of such communications, and the risks of viruses or other harmful devices). Notwithstanding that we and you have reasonable virus checking procedures on our system, you will be responsible for virus checking all electronic communications sent to you.
Provided that we send correspondence to the postal address, email address, and/or telephone number that you provide, we will not be responsible for the loss of any communication /document or the cost of replacing them, or for any other loss, cost or expense resulting from any delay in, or the failure in the delivery of, or from a third party intercepting any communication we send or receive.
Where you deal with us at a distance, there are no specific additional costs imposed by us for dealing exclusively at a distance.
Use for marketing purposes
We may use information held about you, to keep you informed (by post, email, telephone, text, or other means) of products and services which we (and our associated companies) offer, and which we feel may be of interest to you unless you ask us not to. You may exercise your right to give the notice to stop data being processed for marketing purposes by notifying us at any time by telephone, email, or in writing using the above contact details in Section 3 ‘Who we are. Otherwise, we shall treat your acceptance of our Terms of Business as evidence of your informed consent to us using your data for marketing purposes as noted above.
8. Payment For Our Services
We charge a Fee of ÂŁ0.00 for our services in respect of application sourcing.
In addition, we may receive a procuration fee from the finance provider with whom we place your business.
Any fees will be fully documented in the Key Facts Illustration.
9. Product Cancellation Rights
Details of the products we recommend to you including, for example, the minimum duration of the product, information on your right to cancel or whether no right to cancel exists, instructions for exercising the right to cancel (if applicable), and any early termination rights and penalties, will be covered in the relevant product disclosure information you will receive before the conclusion of any agreement.
Depending on the type of finance agreement arranged (and the cancellation clauses specific to that contract) you may be entitled to cancel within 14 (referred to as a cooling-off period).
10. Ending Your Relationship With Us
The Terms of Agreement will remain in force unless canceled by either party in accordance with the terms below.
You may terminate our authority to act on your behalf at any time without penalty by giving us seven days’ written notice using the contact details in Section 3 ‘Who we are’.
We may terminate this agreement by giving you a minimum of fourteen days’ written notice to the last known address we have on our records.
We may also terminate our Agreement with immediate effect at any time by giving you written notice if:
Any notice of termination from either party to this Agreement will commence from the date of receipt unless agreed otherwise. If notice is sent by 1st class post it will be deemed to be received 2 business days after being posted.
In the event that this Agreement is terminated, we will cease to be your agent. As a consequence, we will no longer provide you with any services.
No penalty shall be payable on any termination but we shall be entitled to remuneration for work undertaken prior to such termination. You will be liable to pay us our costs, fees, charges, and expenses relating to the work we have carried out in connection with our Agreement up to the date of termination of our relationship.
Any costs, fees, charges, and expenses outstanding at the date of termination will be confirmed in writing to you and will be due within 28 days of the written notification.
Termination is without prejudice to any transactions already initiated which will be completed according to these Terms of Business unless otherwise agreed in writing.
Termination of our Agreement by either you or we shall not affect any of our rights, remedies, obligations, or liabilities which have accrued up to the date of termination, including the right to claim damages in respect of any breach of our Agreement which existed at or before the date of termination.
11. Financial Crime / Anti-Money Laundering
We are required by current UK money laundering regulations to obtain adequate Know Your Client information and to cross-check the information against the HM Financial Sanctions List as part of the information gathering process.
For this purpose, we may approach third parties (including credit reference agencies) to confirm your identity, the identity of anyone else providing or receiving monies on your behalf, and, where required, the identity of other connected parties and may conduct these checks from time to time throughout our relationship, not just at the beginning. By accepting our Terms of Business, you consent to us doing so.
Please note this may sometimes result in a delay in the provision of our services to you. We will not be liable for any loss or expense you suffer as a result of any such delay.
We will not permit our employees or other persons engaged by us to influence others or be influenced in respect of undue payments or privileges from or to lenders or clients.
We are obliged to report to the National Crime Agency any evidence or suspicion of financial crime and we are prohibited from disclosing any such report.
12. Conflicts Of Interest
We will act honestly, fairly, and in your best interests. However, occasions may arise where we or one of our associated companies or one of our other clients may have some form of interest in business being transacted for you.
If this happens and we become aware that a conflict of interest exists, we will write to you and obtain your consent before we carry out your instructions and we will detail the steps we will take to ensure fair treatment. As a consequence of such potential conflicts of interest arising, we have put arrangements in place to help ensure our clients are treated fairly.
13. Complaints
It is our intention to provide you with a high level of service at all times. If, however, there are occasions when we do not meet these standards, please let us know as soon as possible by telephone, e-mail, or in writing using the contact details in Section 3 Who we are.
We promise to deal with your concerns in a fair and objective manner. We will provide you with a copy of our Complaints Procedure and will respond to you promptly with the outcome of our investigations.
Should you not be satisfied with our final response or if 8 weeks have elapsed since you first raised the complaint with us, you may be entitled to refer it to the Financial Ombudsman Service (FOS) free of charge:
By phone: The FOS Consumer Helpline 0800 023 4567 (calls are free on mobile and landlines)
By email: complaint.info@financial-ombudsman.org.uk
In writing to Financial Ombudsman Service, Exchange Tower, London, E14 9SR Web: www.financial-ombudsman.org.uk
A copy of our Complaints Procedure is available from us on request.
14. Financial Services Compensation Scheme (FSCS)
We do not guarantee the solvency of any insurer with whom we place business. We are covered by the FSCS. If you make a valid claim against us in respect of any of the finance we arrange for you and we are unable to meet our liabilities in full, you may be entitled to compensation from the FSCS if we cannot meet our obligations. This depends on the type of product you have taken.
Further information about compensation scheme arrangements is available from the FSCS on 0800 678 1100 or 020 7741 4100 or by visiting www.fscs.org.uk.
We may also, on occasion, advise on other financial products which are not regulated by the Financial Conduct Authority (FCA). The Financial Services Compensation Scheme does not apply to any of these products.
15. General
No variation of these Terms of Business is held to be valid unless in writing and signed by an authorized officer of Leodis Financial Ltd.
From time to time we may review the Terms of Business but we will not make any amendments during the term of your insurances without your agreement save that we reserve the right to amend these terms where such amendments are required (such as to reflect current or future changes in law, FCA rules or regulations, decisions of the Financial Ombudsman Service or to meet regulatory requirements, industry guidance or best practice). Where possible we will provide you with at least 30 days’ written notice before such changes take effect.
If any provision of the Terms of Business is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected.
Governing law
The English language will be used for all communications. These Terms of Business and any information we are required to supply to you, before and during the period of the contract shall be governed by the laws of Scotland and the parties agree herewith that any dispute arising out of it shall be subject to the exclusive jurisdiction of the Scottish Courts.
Other Support
If you require a copy of this Terms of Business in large print, audio, or Braille, please call us on 01274 028 019.