Hardisty Financial Limited - Data Protection declaration for Retail Clients


We confirm that, when processing data on your behalf, we will comply with the relevant provisions of the Data Protection Act 1998 and from the 25th May 2018 the General Data Protection Regulation (GDPR - Regulation (EU) 2016/679)

Your personal information is very important to us. We will endeavour to take all due care to protect this information. We would like to highlight certain points relating to your information that you should be aware of. Some services are provided to Hardisty Financial Limited by third parties (such as processing business or obtaining compliance or regulatory advice), which warrant the disclosure of more than just your basic contact details. You agree that personal information held by Hardisty Financial Limited may be disclosed on a confidential basis, and in accordance with the Data Protection Act 1998, to any such third parties. You also agree that this information may be transferred electronically, e.g. by email and you agree that Hardisty Financial Limited, or any such third party, may contact you in future by any means of communication which we consider appropriate at the time. We maintain a privacy policy for our client data, this is shown on our website and a copy is available upon request.

Product Providers and Investment Management companies may administer policies & plans you have with them and provide other services, from locations in countries outside Europe (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 controls in place to ensure that your information is adequately protected and they undertake to be bound by the obligations under the Data Protection Act even when your personal information is processed outside Europe.

To enable us to provide the services we have agreed and for other related purposes – including updating and enhancing customer records, analysis for management purposes and statutory returns, crime prevention and legal & regulatory compliance – we may obtain, use, process and disclose personal data about you.


Consent to hold, store and process your Personal Data

Information supplied may be stored on computer or paper records and may be used for Regulatory, record keeping, contact and marketing purposes by Hardisty Financial Limited. Details may be passed to our Regulatory Authorities & Auditors for the purpose of compliance.

We will NOT pass on your data to third parties for any marketing purposes.

Consent for Hardisty Financial Limited to contact you

Hardisty Financial Services Limited wish to gain your agreement, so we may contact you at any point in the future (including by telephone & email) for on-going services & marketing purposes – for example, with valuations, details of products, services or promotions we think you might be interested in.

Terms of the agreement


Client Fee Agreement (“agreement”) –services to be provided by Hardisty Financial Limited t/a Mortgage Co (referred to in this letter as “we” or this or the “Firm”)


Thank you for instructing this Firm. This agreement confirms the fees and charges we have agreed you will pay for the services we provide.


This agreement is supplementary to and should be read in conjunction with the Initial Disclosure Document (this may not be provided for Buy To Let mortgages), General Terms and Conditions of Business and any accompanying brochures or details of fees previously provided to you. In the event of any conflict between these documents the terms of this agreement and its appendix will take precedence.


Scope of the services

These are set out in the appendix to this agreement.


Fees and charges in relation to the services

These are also in the appendix, which also sets out the VAT treatment and general payment terms. Please read these very carefully and sign to confirm your acceptance.

Please note that you are responsible for paying this Firm’s fees even if you have instructed a third party (such as your solicitor)to pay them on your behalf. This means that if the third party fails to pay us for any reason whatsoever you will be required to settle the fees with us directly.

If you ask your lender to add our fees to the amount you borrow, this will increase the amount of your mortgage. You will also be charged interest on those fees in accordance with your mortgage terms. For example, a fee of £100 added to a mortgage spread over 25 years at an interest rate of 3% will result in monthly payments of 47pence, and you will pay back a total of £147 over the term. Please note this is simply an illustration and interest rates may alter during the term of the mortgage.

Please indicate by ticking the appropriate box how you wish to pay our fees:

If no box is ticked, we will assume that you will settle the fees directly in accordance with option 1.
If you have chosen option 2 or option 3, you must ensure that your solicitor provides us with an undertaking in the form set out in the Schedule to this agreement within 7 days.

 
Alterations To The Services


In the event that it becomes necessary to change the services we have agreed to provide (or we have planned to perform, in either case as set out in the appendix) we reserve the right to revise our fees. This could become necessary if a change in your objectives or desired outcome alter the scope of the services required, if we are asked to carry out additional work (for example because you fail to disclose any material facts that have an impact on our advice) or if we are required to work with additional third parties.
Please note this list is not exhaustive.


Any changes to the fees that we have agreed will be agreed with you in writing.


Future reviews


There is no obligation on this Firm to provide any ongoing review as to whether your mortgage arrangements remain the most appropriate for you. If additional services are provided, we will agree a fee with you at that time.

Fees are not refundable.

These terms will apply unless specifically varied in the appendix.

You have confirmed that you understand and agree that as this Firm will now be spending time attending to your financial affairs, no rebates or refunds will apply if matters do not proceed, for example where you choose not to proceed with this Firm’s recommendation or for any reason your application is unsuccessful.

At any point in time you can request that this Firm ceases to act on your behalf. You acknowledge, in the event you do so, that you will pay this Firm all fees and charges reasonably incurred in providing the services to you up to the point at which we cease to act.

This agreement does not in any way restrict your ability to complain in the event you are dissatisfied with any element of the services provided.

Future contact with you in relation to similar products and services


By signing this Agreement you expressly consent to be contacted without further notice or arrangement by post, telephone (including mobile telephone and SMS communications) or email using the contact details you have previously provided to this Firm by a representative of this Firm.

Such contact may be regarding your mortgage arrangements and/or other products and services which you have not previously discussed with this Firm. Additionally, you will be contacted by this Firm in connection with any regulatory requirement by us if required to fulfil regulatory requirements.

We will hold your consent on file for six years unless you withdraw it at any time by written notice to this Firm for the purposes of mortgage, re-mortgage and protection review.


Entire agreement and general terms


This agreement supersedes any previous arrangement or understanding between us. If there are any points relating to this agreement, the IDD, the appendix or the general terms and conditions which you do not understand or you wish to discuss, please let us know as soon as possible.

Any variations to this agreement, including the appendix must be in writing and acknowledged as agreed by both the Firm and you.

We look forward to working with you.

Description of services to be provided

o Initial meeting to discuss individual circumstances and needs
o Extensive product Research
o Presentation and Recommendation
o Processing of Application to completion
o Suitability Report detailing your current situation and suitable recommendations


Fees & charges payable


Fixed fee:

In relation to the Services set out in detail above we have agreed that you will pay a fixed fee of : £395 - (upon completion)


We reserve the right to increase this fee by written notice to you if you fail to disclose material information to us and such failure has an impact on our advice or other work to be undertaken by us.


Time and method of payment

We have agreed that you will make payment
for the services directly to the firm: Upon completion


Payment can be made by cheque or bank transfer.
Cash payments are not permitted

Anticipated VAT treatment of services

As at the date of this Agreement, the Firm anticipates that VAT will not be charged on the fees and charges set out above. If the nature of our engagement changes, such that VAT does become payable on the services, then the Firm will be obliged to issue a VAT invoice to you.


Position in relation to refunds


The terms of the accompanying letter apply with regard to any refund of fees charged by the Firm