Terms and Conditions of dealing with Shire Securities Ltd t/a Shire Funding Solutions

This document sets out the basis on which we will provide the services to you, and your obligations to us.  When you apply for a loan with us then these terms will apply and it is important that you read them carefully.  If you proceed with an application then you agree that you will be bound by the terms and conditions listed below and you authorise us to act on your behalf.

Services Offered

Shire Funding Solutions are a credit broker and a lender. Where Shire Funding Solutions act as a credit broker, we will introduce you to a panel of lenders and their finance products. Shire Funding Solutions is not an independent financial advisor and they will only provide details of the products available & will give no advice or recommendation, you must decide whether the finance product is right for you.  Shire Funding Solutions is a trading name of Shire Securities Limited. Shire Securities Limited is Authorised and Regulated by the Financial Conduct Authority for certain types of consumer credit lending and credit related activities that are regulated under the Consumer Credit Act 1974 and by the Financial Services and Markets Act 2000.    

Use of Your information

Shire Securities Ltd T/A Shire Funding Solutions (“we”, “us”, “our”) is committed to processing your personal data in accordance with EU data protection laws.  In order to process your application, we and our funders to whom we may assign our agreements will perform credit and identity checks on you with one or more credit reference agencies (“CRAs”). We may also make periodic searches at CRAs to manage your account with us. To do this, we will supply your personal information to CRAs and they will give us information about you. This will include information from your credit application and about your financial situation and financial history. CRAs will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information.

We will use this information to:

·        Assess your creditworthiness and whether you can afford to take the product;

·        Verify the accuracy of the data you have provided to us;

·        Prevent criminal activity, fraud and money laundering;

·        Manage your account(s);

·        Trace and recover debts; and

·        Ensure any offers provided to you are appropriate to your circumstances.

We will continue to exchange information about you with CRAs while you have a relationship with us. We will also inform the CRAs about your settled accounts. If you borrow and do not repay in full and on time, CRAs will record the outstanding debt. This information may be supplied to other organisations by CRAs. When CRAs receive a search from us they will place a search footprint on your credit file that may be seen by other lenders.  If you are making a joint application, or tell us that you have a spouse or financial associate, we will link your records together, so you should make sure you discuss this with them, and share with them this information, before lodging the application. CRAs will also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break that link.

The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail at www.experian.co.uk/crain/index.html CRAIN is also accessible from each of the three CRAs – clicking on any of these three links will also take you to the same CRAIN document:

Callcredit  www.callcredit.co.uk/crain;
Equifax     www.equifax.co.uk/crain.html;
Experian   www.experian.co.uk/crain/index.html.

You can find further information about how we collect, use and disclose personal information about you in our Fair Processing Notice which can be found at www.shirefunding.co.uk/fair-processing-notice/ and our full Privacy Policy on our website at www.shirefunding.co.uk/privacy-policy/.  The Privacy Policy also provides full details of your rights and how you can exercise them, including our retention periods and how we may use automated decision making processes, however these will only be used to make decisions to provide finance and no application will be rejected on the basis of an automated decision.

We may pass information to third party finance providers or funders to consider and manage any credit provided. Any agreement may be assigned to these funders. A list of our funders to whom applications may be introduced or who provide funding to us is available on our website at www.shirefunding.co.uk/privacy-policy/. Alternatively hard copies of our funders contact details can be provided upon request. You may contact our Data Protection Officer at Shire Funding Solutions, 1 Calico Business Park, Sandy Way, Amington, Tamworth, Staffordshire, B77 4BF if you have any queries about your data or wish to exercise any rights.

Complaints Procedure

Shire Funding is committed to providing the highest quality service and ensuring customer satisfaction. However, should you feel that we have done something wrong, we welcome the opportunity to learn from this and have in place a Complaints procedure to help facilitate a resolution of your issues. Should you wish to complain then please write to the Customer Services team at 1 Calico Business Park, Sandy Way, Amington, Tamworth, Staffordshire, B77 4BF giving us full details of the problems concerned, together with our agreement number and contact details for yourself. We will attempt to resolve the complaint within 3 business days from receipt of the complaint, but if we cannot we will acknowledge your complaint within 5 working days and hopefully resolve the complaint within 4 weeks. If you then feel dissatisfied with the result you receive you can contact us to ask for the complaint to be reviewed by another complaints officer, generally at a more senior level. We will then carry out a further investigation and will seek to ensure you receive our response within 8 weeks from the date of the original complaint.

Financial Ombudsman Service (FOS)

If you still remain unhappy with the solution even after the second review, and you are eligible then you can refer your complaint to the Financial Ombudsman Service, who provide an impartial and free service to help you. Their contact details are shown below:-

By post:        Financial Ombudsman Service, Exchange Tower, London E14 9SR

By phone:     0800 023 4567

By email:      complaint.info@financial–ombudsman.org.uk

Website:       www.financial-ombudsman.org.uk

Fees and commission

If we act as a lender, the arrangement of the loan will incur an arrangement fee and you will be advised of this fee in advance of completing the Loan Documentation. When acting as a credit broker, Shire Funding Solutions will charge you a broker fee payable at offer and non-refundable for the introduction to the lender, and will typically receive commission which is a fixed percentage of the amount borrowed. All the lenders Shire Funding Solutions work with pay at different rates, and with certain lenders Shire Funding Solutions does have an influence over the interest rate and this is factored into the amount that is paid under the agreement and you acknowledge and agree that the commission payment will be retained by us.

Warranties by you

When you submit an application to us or provide any information to us you warrant and undertake to us that the information provided is true and accurate in all material respects. If you are a Limited Company it is a requirement and you confirm that your business is registered with Companies House; the business has a valid UK bank account to facilitate payments; the business has been actively trading for at least one year and has filed up-to-date accounts with Companies House for at least one year. You know of no reason why the Company will not make the repayments in accordance with the terms of the Loan Agreement. In completing and submitting a Loan Application on your behalf we confirm that you have been given express authority to undertake all acts pertaining to the submission and fulfilment of a Loan Application and Loan Request. Including without limitation:

1.    Authority to set up a loan account for the borrower

2.    Authority to accept any loan request offer made following the loan application

3.    Authority to agree to the deduction of the completion/arrangement fee from the loan amount

Completion of Loan Documentation

If your application for finance is successful we will notify you of the terms and if you wish to proceed we will send you the Loan Agreement and any other associated documents for signature. Once we are in receipt of the signed Loan Agreement then we will treat that as your irrevocable authority to accept the terms of the loan on your behalf.  Once we have communicated acceptance to the Lender then the Loan Agreement at that stage cannot be cancelled by you although the Lender is not obliged to provide the finance until it has executed the Agreement.

Indemnity

You agree to indemnify and keep us indemnified on demand and on a full indemnity basis against all and any claims, costs, expenses, fees, charges, losses, proceedings, demands, liabilities incurred or suffered by us in connection with or arising at any time out of your application and the loan agreement.

I/We declare that I/we have read and understood fully the details requested in this application and our terms and conditions and confirm:  

That to the best of my/our knowledge and belief the information I/we have given is true and accurate and I/we am/are not aware of any matters or circumstances which I/we have not disclosed to you which might influence you in your decision whether or not to provide a finance facility to me/us.

I/we declare that as far as I/we am/are aware the business is not currently the subject of any proceedings for, nor has any other step been taken towards, formal insolvency under the insolvency act 1986.