D F EDMONDS & CO LTD
Authorised and Regulated by the Financial Services Authority
TERMS OF BUSINESS
1. Definitions.
a) " We/Us" means D F Edmonds & Co Ltd of
20 Preston Road, Brighton, East Sussex BN1
4QF. Tel: 01273 662766, Fax: 01273 662767. E-Mail info@dfedmonds.com
b) Financial Services Authority (FSA), The FSA, 25 The North
Colonnade, Canary
Wharf, London E14 5HS. Telephone 0845 606 1234 or visit
www.fsa.gov.org
The FSA is the independent watchdog that regulates financial
services.
c) Retail Customer: A policyholder or potential policyholder
acting outside their
trade, profession or business.
d) Commercial Customer: A policyholder or potential policyholder
who is not a retail
customer
2. Who Regulates Us?
We are authorised and regulated by the Financial Services
Authority (FSA). Our FSA registered number is 301697.
We act as an independent intermediary and our permitted
business includes advising you on your insurance needs,
arranging your insurance cover with insurers to meet your
requirements and helping you with any on going
changes you have to make. We can also assist you with making
a claim. You can check this on the FSA's register by visiting
the FSA's website at www.fsa.gov.uk/register or by contacting
the FSA on 0845 606 1234.
3. Whose Products Do We Offer?
We offer products from a range of insurers for Motor, Household
and Commercial insurance. We only offer products from a
limited number of insurers for all other types of insurance
except Legal Expenses cover where we only offer products
from AIM (underwritten by IGI Insurance Company Ltd).
4. Which Service Will We Provide You With?
We will advise and make a recommendation for you after we
have assessed your needs.
5. What Will You Have To Pay Us For Our Services?
We charge fees as follows:
All renewals, duplicate documents and new business £5.00
All cancellations 15% of any return premium subject to a
minimum of £15.00 (after deduction of commission)
Household and Motor Legal Expenses £15.00
A minimum charge of £10.00 for any of our own instalment
plans.
Any other fee as agreed in advance.
We reserve the right to charge 2% handling fee in relation
to credit/debit card payments. In any case this will be
agreed with you in advance.
6. What To Do If You Have a Complaint
If you wish to register a complaint please contact us in
writing at:
D F Edmonds & Co Ltd (Complaints)
20 Preston Road
Brighton
East Sussex BN1 4QF
or by telephone on 01273 662766.
Your complaint will be acknowledged within 5 working days
advising you who is dealing with the complaint and indicating
when you may expect an answer. Full details of our complaints
handling procedure is available on request. If you cannot
settle your complaint with us you may be entitled to refer
it to the Financial Ombudsman Service.
7. Are We Covered By The Financial Services Compensation
Scheme (FSCS)?
We are covered by the FSCS. You may be entitled to compensation
from this scheme if we cannot meet our obligations. This
depends on the type of business and the circumstances of
the claim. Insurance advising and arranging is covered for
100% of the first £2000 and 90% of the remainder of
the claim, without any upper limit. For compulsory classes
of insurance, insurance advising and arranging is covered
for 100% of the claim, without any upper limit. Further
information about the compensation scheme arrangements is
available from the FSCS.
8. Disclosure of Information
It is your responsibility to provide complete and accurate
information to insurers when you take out your insurance
policy, throughout the life of your policy, and when you
renew your insurance. Failure to disclose information pertaining
to your
insurance, or any inaccuracies in information given could
result in your insurance policy being invalid or cover not
operating fully.
It is important that you ensure that all statements you
make on proposal forms, claim forms, and other documents,
are full and accurate. If a form is completed on your behalf,
you should check that the answers shown to any questions
are true and
accurate before signing the document. You are reminded that
it is an offence under the Road Traffic Act to make any
false statements or withhold any relevant information to
obtain a certificate of motor insurance.
Please note that under the Rehabilitation of Offenders Act
1974 you are not required to disclose convictions regarded
as spent.
You are advised to keep copies of any correspondence you
send to us or direct to your insurer. If you have any doubt
about whether information is material, you should disclose
it.
9. Confidentiality, Data Protection and Marketing
All personal and sensitive information about our customers
is treated as private and
confidential. We will only use and disclose the information
we have about customers in the normal course of arranging
and administering their insurances, and will not disclose
any information to any other parties without their written
consent. Unless we are notified to any changes, we shall
assume the personal and sensitive data we hold about customers
is correct, and shall use it to provide quotations when
policies fall due for renewal. In the interests of security
and to improve our service, telephone calls you make to
us may be monitored and/or recorded. We may pass information
about you to credit reference agencies for the purposes
of arranging payments by instalments, and may also pass
to them details of your payment record with us. Under the
Data Protection Act 1998, individuals have a right to see
personal information about them that we hold in our records.
A charge may be made for this service. If you wish to exercise
this right, or have any other related queries, you should
write to us at the above address. We may use information
held about you, to provide you with information about other
products and services which we offer, and which we feel
may be appropriate to you, by e-mail, telephone, post or
other means.
You may exercise your right to give notice to stop data
being processed for marketing purposes by contacting us
at any time.
10. Motor & Home Insurance Anti-Fraud Registers
Insurers share information with each other via the Claims
and Underwriting Exchange Register, and the Motor Insurance
Anti-Fraud and Theft Register, to aid the prevention of
fraudulent claims. In the event of a claim, the information
you supply on the claim form, together with any other information
relating to the claim, will be put on the registers.
11. Motor Insurer Information Centre (MIIC)
Insurers are legally required to provide details of motor
insurance policies to the MIIC. The information describing
your insurance cover will be added to the Motor Insurance
Database (MID), to which the police and other government
agencies have access. This helps the pursuance of claims
following accidents and aids detection of those who are
in contravention of the law by not taking out insurance.
12. Claims
We have no authority to handle claims on behalf of insurers.
In the event of an incident occurring which may give rise
to a claim under your policy, you should notify the insurer
direct as soon as possible using the contact details in
your
policy document. Alternatively please contact us immediately
for advice. When we receive notification of an incident
that might give rise to a claim under your policy we will
inform the insurer without delay, and, in any event, within
5 working days.
We shall use our best endeavours when acting on your behalf
in relation to a claim to handle all elements of the claim
with due care, skill and diligence. We will advise you promptly
of insurers' requirements concerning claims, including the
provision, as soon as possible, of information required
to establish the nature and extent of a loss. If there is
any conflict of interest, we shall only handle a claim on
your behalf after we have disclosed to you all information
you require, to enable you to decide whether to give your
informed consent, and you have given that consent. We will
forward any payments received from insurers in respect of
any claim, to you, without delay. We will notify you of
any request for information we receive from your insurers.
13. Cancellation Rights (the mediation contract)
The mediation contract is the agreement between you and
us for the insurance mediation services that we provide
to you in respect of your insurance requirements. Once you
have entered in to the mediation contract with us you are
entitled to a period of reflection during which you may
decide whether to proceed with the purchase of the mediation
contract. The duration of this cancellation period is 14
days and commences from either:
The day of conclusion of the mediation contract; or the
day on which you receive the full terms of the mediation
contract detailing the full contractual terms, conditions
and information of the contract; whichever is the later.
To cancel this mediation contract within the cancellation
period, please write to us at the above address. If you
do cancel this mediation contract within the cancellation
period, you may be charged any of our fees that you have
incurred. The insurer will also charge for their time on
risk or the full premium in the event of a claim. This mediation
contract can be cancelled by either party in writing giving
7 days notice. If you wish to give notice of cancellation,
please write to us at the above address. If we wish to cancel
this mediation contract we shall write to you at the last
known address for you held on our records. If you decide
to cancel the mediation contract with us at any time during
the period of cancellation we will retain in full any fees
that you have paid.
14. Premiums and Financial Aspects
In order to be able to offer you credit facilities we are
registered under the Consumer Credit Act and our license
number is 486994. We normally accept payment by cash, cheque
or most major credit cards. You may be able to spread your
payments through insurers' instalment schemes, a credit
scheme with a third party finance provider, or a facility
we have arranged ourselves. We will give full information
about your payment options when we discuss your insurance
in detail. We may keep certain documents such as your insurance
policy documents or certificate of insurance, while we are
waiting for full payment of premiums. In these circumstances,
we will ensure that you receive full details of your insurance
cover and will provide you with any documents that you are
required to have by law.
15. Quotations, Policy Terms, Conditions/Warranties and
Return Premiums
All quotations are subject to change in respect of the amount
of premium indicated, and or the terms and conditions that
are applied. You should read through all policy terms, conditions
and warranties shown on your policy documentation. 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 insurer to terminate your policy from the date of that
breach, and/or repudiate a claim under your policy. Return
premiums usually arise if an insurance risk is reduced or
a policy cancelled. On a return premium, we repay commission
on the amount to your insurer and this will be deducted
from the final amount due to you. If a policy is cancelled
we will refund any return premium due (after deduction of
the commission and our charge).
16. Renewals paid by Insurer Direct Debit
In good time before renewal of your policy, we shall contact
you with the renewal premium and terms for the coming year.
If you have not contacted us before renewal date we shall
renew the policy automatically on your behalf. If you do
not wish to
renew the policy please let us know as soon as possible
and cancel your direct debiting instruction with your bank
prior to your renewal date. If it is your intention to renew
the policy, no action is required by you, and the
policy will renew automatically. We shall send your new
certificate of insurance to you.(If you pay by Finsure or
Prompt then you will need to tell us if you wish to renew).
17. Disclosure of Commission
If you would like to know the amount of commission that
we are paid in respect of your insurance contract, this
information is available on request.
18. Risk Transfer, Client Money Segregation
We will either hold monies collected from you in an insurance
broking bank account or a client money bank account. Premiums
that we collect from you are held in an insurance broking
bank account specifically used for the purposes of holding
client premiums. By virtue of agreements we hold with insurers,
we collect premiums as agent of the insurer.
Therefore, once we have collected premiums from you, under
the terms of our agreements, those premiums are treated
as having been paid to the insurer. We will remit the premiums
to insurers after deduction of our commission, in accordance
with
the terms of our agreements with our insurers. This known
as risk transfer. Where risk transfer does not apply premiums
that we collect from you will be segregated into and held
in a client money bank account. The client money will be
held by us as trustee on your behalf. The client money bank
account is set up as a trust governed by FSA rules. This
means that once the client money is segregated into the
client money bank account, it falls into our legal ownership
that remains
in the beneficial ownership of customers whose premiums
are deposited in the account. If we become insolvent the
terms of the trust dictate that customers will have a prior
claim on the client money in the account according to their
respective
interests in the client money. The costs relating to the
distribution of client money may have to be borne by the
trust.
19. Customer Money Passed to Another Person
In accordance with FSA regulations we have to inform you
that in managing and/or arranging your insurance requirements
we may transfer money that you have paid us, in payment
of an insurance premium to another insurance intermediary.
By accepting
these terms of business, you are giving your consent for
us to act in the manner described in this section.
20. Customer Money Passed to Another Person Outside the
UK
In managing and arranging your insurance requirements we
may transfer money that you have paid us, in payment of
an insurance premium, to another insurance intermediary
operating outside of the United Kingdom. Unless you notify
us that you do not wish your premiums to be transferred
in the manner outlined in this section, by accepting these
terms of business, you are
giving your consent for us to act in the manner described
in this section. We have a duty under FSA regulations to
inform you that:
The legal and regulatory regime applying to the insurance
intermediary may differ from that in the UK; and consequently
if the insurance intermediary fails, the premium may be
treated in a different manner from that which would apply
if the premium was held by an insurance intermediary in
the UK.
21. Segregation of Investments
Any premiums paid to us not subject to risk transfer will
be held by us in a client money bank account. We may invest
these premiums in a range of permitted designated investments
as prescribed by FSA regulations. In the event that there
is any
shortfall in our client money resource attributable to falls
in the market value in any of these permitted designated
investments, we shall make provision for, and bear the cost
of, any such shortfall. By accepting these terms of business,
you are
giving your consent for us to act in the manner described
in this section.
22. Governing Law
This agreement shall be governed by the laws of England
and Wales and the parties agree herewith that any dispute
arising out of it shall be subject to the exclusive jurisdiction
of the English courts.
23. Other Taxes or Costs
Other taxes, or both, may exist in relation to the products
and services offered by us which are not paid through, nor
imposed, by us.
Also : Click
here to see Grant of Permission letter to DF Edmonds &
Co Ltd. from the FSA