TERMS OF BUSINESS
ABOUT OUR MORTGAGE SERVICESChris O'Connor & Associates Ltd is licensed by The Office of Fair Trading under The Consumer Credit Act 1974 to carry on under the names of Chris O'Connor & Associates, Smartmole.com and Smartmole the business or businesses of consumer credit, consumer hire, credit brokerage, debt adjusting/counselling, debt collecting and credit reference agency. License no. 512609. Chris O'Connor & Associates Ltd also trading as Smartmole.com and Smartmole is authorised and regulated by the Financial Services Authority. Our firm registered no is 312910. You may check this by searching the FSA's register or by telephoning the FSA on 0845 606 1234. The Financial Services Authority (FSA) is the independent watchdog that regulates financial services. It requires us to give you certain information to help you decide if our services are right for you. If you make a mortgage enquiry you will receive from us an initial disclosure document called 'key facts about our mortgage services' outlining the scope of the service we will provide to you, whose mortgages we are offering to you, what fees you may have to pay, our regulatory status, what to do if you have a complaint and the protection you may be entitled to under the Financial Services Compensation Scheme. We will also send you a personalised 'key facts illustration' about the mortgage(s) you are considering so that you have information upon which to make an informed choice. WHO'S MORTGAGES DO WE OFFER?We offer mortgages from the whole market. This website features a limited selection of mortgages from a limited number of lenders that we believe offer good all round value for money. You may ask us to arrange a mortgage from the selection featured on this website or you may ask us to research the market for mortgages that meet criteria defined by you. WHICH SERVICE WILL WE PROVIDE TO YOU?You will not receive advice or a recommendation from us. We may ask you some questions to narrow down the selection of products that we will provide details on. You will then need to make your own choice about how to proceed. If you require advice we will advise and make a recommendation for you only after we have completed a fact find and assessed your needs. There is a fee for this service. WHAT WILL YOU HAVE TO PAY US FOR THIS SERVICE?No fee is payable if you arrange a mortgage from the selection featured on this website. We will be paid commission from the lender. No fee is payable if you answer questions designed to narrow down the selection of products that we will provide details on. We will be paid commission from the lender A fee of £300 is payable at the outset ONLY IF you require advice and a recommendation. We will normally also be paid commission from the lender when any mortgage for which you apply completes, in which case no further fee will be payable to us. If we do not expect to be paid commission from the lender our fee on completion will be no more than 2% of the amount you have borrowed. No refund of fees paid for advice and a recommendation will be made if you decide not to take out a mortgage, if the lender rejects your application or if the purchase falls through. WHO REGULATES US?Chris O'Connor & Associates Limited is authorised and regulated by the Financial Services Authority. Our FSA register number is 312910. Our permitted business is advising on regulated mortgage contracts, arranging (bringing about) regulated mortgage contracts and making arrangements with a view to regulated mortgage contracts. You can check this on the FSA's Register or by contacting the FSA on 0845 606 1234. WHAT TO DO IF YOU HAVE A COMPLAINTIf you wish to register a complaint, please contact us: In writing: Compliance Officer, Chris O'Connor & Associates Ltd, Common Lodge, Moss Lane, St.Michaels, Preston, PR3 0TY. By phone: Telephone 01995 679396 We aim to provide a first class, professional and confidential service. However, we recognise that sometimes things can and do go wrong and you may wish to complain. We have internal procedures for handling complaints fairly and speedily. We will always try to acknowledge your complaint within five business days and then to resolve it within 20 business days. If this is not possible we will keep you informed of the progress of your complaint.If you cannot settle your complaint with us you may be entitled to refer it to the Financial Ombudsman Service. ARE WE COVERED BY THE FINANCIAL SERVICE COMPENSATION SCHEME?We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Mortgage advising and arranging is covered for 100% of the first £30,000 and 90% of the next £20,000 so the maximum compensation is £48,000. Further information about the compensation scheme arrangements is available from the FSCS. CLIENT MONEYWe do not handle client money unless it is in settlement of our fees for which you have entered into a written agreement with us and for which we have issued an invoice. All payments relating to a mortgage which we arrange for you should be made payable directly to the lender or their appointed agents where appropriate (e.g. surveyors or solicitors). We never handle cash. DISCLOSURE OF PERSONAL DATAWe will keep all of your personal information private and confidential (even when you are no longer a customer), except where disclosure is made at your request or with your consent. However, in order to process your mortgage enquiry and/or application it may be necessary to disclose your information to third parties, such as mortgage lenders, who may hold this information indefinitely. We may also be required to disclose your information to the FSA or to other statutory bodies if we are legally compelled to. We may also wish to obtain advice and guidance from our own professional advisers such as compliance advisers. On these occasions, you agree that personal information held by us may be disclosed on a confidential basis and in accordance with the Data Protection Act 1998 to such third parties. You agree that information may be transferred by any means we consider appropriate, including electronically e.g. by e-mail. You also agree that we or any such third party may contact you in future by any means of communication which we consider appropriate at the time. Under the terms of the Data Protection Act, you have the right to view any personal data we may keep on you, although we are entitled to charge you a small fee should you wish to do so. If you make a mortgage enquiry which involves providing a lending decision in principle we or any prospective lender may carry out a credit reference search with a credit reference agency to assess your suitability as a borrower and a record of the search may be kept. We do not always undertake credit searches in response to initial enquiries requesting a key facts illustration and decision in principle. In those circumstances, any decision in principle is subject to further assessment including a credit reference search by the lender at the time you make a formal application for a mortgage. At all times it is your responsibility to ensure that you can afford the repayments on a mortgage, loan or credit arrangement you take out. Your home is may be repossessed if you do not keep up the repayments on a mortgage. All loans are subject to a minimum age 18, status and security. An insurance policy may be required by some lenders.
ABOUT OUR PURE PROTECTION & GENERAL INSURANCE SERVICESChris O'Connor & Associates Limited is an Independent Insurance Intermediary providing Pure Protection (Life Assurance, Mortgage Protection Insurance, Critical Illness Cover) and General Insurance (Payment Protection Insurance, Private Medical Insurance and Home Insurance) PRODUCT SELECTIONChris O'Connor & Associates Limited is independent and will always act on your behalf. We have access to the whole market although we may not always seek quotations from all product providers. We will always seek quotations from those insurance companies whose products we believe are the most comprehensive and whose premiums we believe are the most competitive. In some cases, however, we may only recommend the products of one company. We will make sure as far as possible that the products and services we offer you match your requirements, based on the information you provide us. We will give you enough information and assistance so that you can make an informed decision before you make a final commitment. However, we will not provide personal advice unless you specifically request it. In those circumstances, to understand your needs better, we may need further information from you regarding your personal and financial situation. If you require independent financial advice regarding products or services that Chris O'Connor & Associates Ltd does not provide we will, with your agreement, pass your details to a suitably qualified Independent Financial Adviser.At all times it is your responsibility to ensure that the insurance you buy is adequate for your needs. For protection insurances (life, critical illness, income protection, etc) the sums insured should be sufficient to avoid financial hardship to you and your family should an insured event occur. If in doubt you should ask for independent advice. For home buildings and contents insurance the insured values should fully and properly reflect current reinstatement/replacement values. If in doubt you should ask for guidance and/or obtain professional valuations. FEES AND COMMISSIONSWe may receive a payment from the life office, insurance company or other third party organisation for arranging your insurance. If you ask us we will tell you the amount.We do not normally charge you a fee for arranging your insurance. However, in circumstances where we propose to charge you a fee we will not carry out any chargeable work without your prior agreement. CLIENT MONEYWe do not handle client money unless it is in settlement of our fees for which you have entered into a written agreement with us and for which we have issued an invoice. All payments for insurances which we arrange for you should be made payable directly to the life office or insurance company concerned. We never handle cash. DISCLOSURE OF PERSONAL DATAWe will keep all of your personal information private and confidential (even when you are no longer a customer), except where disclosure is made at your request or with your consent. However, in order to process your insurance enquiry and/or application it may be necessary to disclose your information to third parties, such as life offices or insurance companies, who may hold this information indefinitely. Some insurance companies share information, particularly relating to claims, in order to try to avoid fraud. We may also be required to disclose your information to statutory bodies if we are legally compelled to. We may also wish to obtain advice and guidance from our own professional advisers such as compliance advisers. On these occasions, you agree that personal information held by us may be disclosed on a confidential basis and in accordance with the Data Protection Act 1998 to such third parties. You agree that information may be transferred by any means we consider appropriate, including electronically e.g. by e-mail. You also agree that we or any such third party may contact you in future by any means of communication which we consider appropriate at the time. Under the terms of the Data Protection Act, you have the right to view any personal data we may keep on you, although we are entitled to charge you a small fee should you wish to do so. It is essential that you are aware of your own duty to provide full details of ALL factors which an insurer may wish to consider in relation to any proposal that you make. All answers given on any proposal form and any other statements made by you to us are your responsibility. Failure to disclose material facts may well render your cover void. If you are in any doubt as to whether a fact is material it should be disclosed. If you need further guidance please contact us. COMPLAINTS ABOUT INSURANCE SERVICESWe aim to provide a first class, professional and confidential service. However, we recognise that sometimes things can and do go wrong and you may wish to complain. We have internal procedures for handling complaints fairly and speedily. Should you have cause for complaint, please write in the first instance to the Compliance Officer, Chris O'Connor & Associates Ltd, Common Lodge, Moss Lane, St.Michaels, Preston, PR3 0TY. We will endeavour to acknowledge your complaint within five business days and then to resolve it within 20 business days. If your complaint cannot be resolved within that time we will contact you to explain the reason and to tell you when we do expect to resolve it. Our internal complaints procedure does not affect your statutory rights.
LEGAL SERVICESChris O'Connor & Associates Ltd does not provide legal services but can recommend a reputable firm of solicitors if requested. We do not charge a fee to you for introducing you to a solicitor. When we introduce you to a solicitor in connection with a house purchase, sale or remortgage transaction we may receive a payment from that firm for the introduction. You are under no obligation to use any solicitor we recommend to you.
GENERALPERSONAL INTERESTSChris O'Connor & Associates Ltd is independent. Occasions may arise whereby another of our clients or we will have some form of interest in business being transacted for you. In those circumstances or if we become aware that our interests or those of another of our clients conflict with your interests we will advise you in writing and seek your consent before we carry out your instructions. CLIENTS' INSTRUCTIONSTo avoid possible disputes or misunderstandings we require clients to give us instructions in writing (which shall include facsimile or other electronic means). We will accept oral instructions subject to confirmation in writing. TERMINATION OF AUTHORITYYou or we may terminate our authority to act on your behalf at any time and without penalty, subject to notice being given in writing. You agree to pay for any transactions made prior to termination and any fees (if previously agreed) outstanding.RECORDSYou or your appointed agent may inspect contract notes, vouchers and entries in our books, whether kept manually or electronically, which relate solely to your transactions. As we treat all our clients' records as confidential we reserve the right to give you copies of our records relating solely to your transactions, if to do otherwise would allow access to files containing information about our other clients. We keep records of all our business transactions for at least three years.CLIENTS' DOCUMENTSWe will make arrangements for all your transactions to be registered in your name unless you instruct us otherwise in writing. We will forward to you all documents relating to your transactions as soon as practicable after we receive them. Where a number of documents relating to a series of transactions is involved we will normally hold each document until the series is complete before forwarding the complete set to you. Any original documents that you supply to us in connection with transactions
we are arranging for you, and that we are not required to forward to the
financial institution with which we are dealing on your behalf, will be
returned to you. DECLARATIONBy agreeing to our Terms of Business you declare that you understand and consent to the above terms and you authorise the transfer of information as described above, on a confidential basis, when warranted. If you do not agree to these Terms of Business please do not use this site.Any Questions? Please Contact Us Smartmole and Smartmole.com are trading styles of Chris O'Connor & Associates Ltd, registered in England No. 4281946 |