Direct Asset Finance
Terms of Business
Terms of Business
The Broker: Direct Asset Finance Ltd
Address: First Floor, Suite 4, Bredon House, Almondsbury Business Centre, Woodlands, Bradley Stoke, Bristol, BS32 4QH
Credit Broking; the Services Which We provide to You under these Terms of Business
Commencement the date on which We commence providing Credit Broking to You
Finance; HP, Lease, a Loan, Credit or Hire Agreement
Finance Offer; a written offer setting out proposed terms of finance issued by any Lender whether such offer is conditional or unconditional or any replacement thereof
Lender; any lender to whom the Lending Proposal is presented
Lending Proposal; the proposal prepared by Us setting out the requirements recorded in the Confirmation of Instructions provided in accordance with paragraph 1 of the attached Terms and Conditions as varied from time to time
Finance Amount; the sum of any amounts payable by a Lender to You following the issue of a Finance Offer by that lender which has been accepted by You
The Regulated the Financial Services and Markets Act 2000(Regulated Activities) Order 2001
You, your; the Client as referred to above
We, Our, us the Broker as referred to above
Privacy Notice you can check our Notice on how We process Your Personal Data by visiting our website www.directassetfinance.com
1. Appointment of Broker
1.1 This document sets out how we will deal with You in the provision of Credit Broking, as Direct Asset Finance act as a Credit Broker and not a Lender.
2. Standards Statement
2.1 Direct Asset Finance Ltd is Authorised and Regulated by the Financial Conduct Authority. The Financial Conduct Authority (FCA) regulates financial services in the UK and You can check Our authorisation and permitted activities on the Financial Services Register by visiting the FCA’s website. https://register.fca.org.uk/
2.2 Direct Asset Finance Ltd is a member of the National Association of Commercial Finance Brokers (NACFB). We adopt a strict Code of Practice and Minimum Standards set by the Association. You can check our membership status by contacting the NACFB on the below link.
3. Client Acknowledgement
3.1 You acknowledge that:
We source Lending Proposals from a panel of lenders whose will be supplied upon request.
3.2 You have read the brokers terms of business set out below.
3.3 You are aware that we may receive commission from a Lender for the arrangement of your finance and you have no objections to Us receiving this amount.
4. The Client’s Duty to the Broker
4.1 The Client agrees to act with utmost good faith in the provision of information to the Broker. The duty is continuous and applies to all the information the Client provides, whether the Broker has asked for it or whether the Client has provided it voluntarily. The Client agrees not to withhold information from the Broker.
4.2 The Client agrees to take all reasonable steps and use all reasonable endeavours to comply with and satisfy any condition imposed by the Lender who has made a Finance Offer that accords with the requirements set out in the quotation letter.
4.3 The Client agrees to notify the Broker if at any time, they intend to appoint an additional or alternate broker or intermediary to obtain an offer of finance for them whereupon the Broker will be entitled to terminate these terms forthwith.
5. Introductory Commission
5.1 The Lender may pay the Broker an introductory commission in respect of the funding set out in the Finance Offer. Commission paid to the Broker may vary in amount depending on the Lender or product.
5.2 The Client having acknowledged the matters set out under the Client Acknowledgment consents to the Broker receiving and retaining any commission paid.
The Broker may terminate these Terms of Business by giving 14 days written notice to the client.
7. NACFB Code of Practice/Complaints
7.1 The Broker agrees to act on behalf of the Client in accordance with the terms of the Code of Practice of the National Association of Commercial Finance Brokers (NACFB) as amended (the Code) and a copy of the Code is available on request from the Association or on the NACFB website. www.nacfb.org
7.2 The Broker will investigate and deal with any complaints raised by the Client concerning the services provided under these terms, promptly and reasonably but if the Broker is unable to resolve any complaint to the Client’s satisfaction the Code of Practice stipulates the procedures available to the Client including NACFB Mediation.
7.3 If a Client is unhappy with the Broker’s response to their complaint, and the complainant falls within the regulated activities, they may be able to complain to the Financial Ombudsman Service at:
Address: Financial Ombudsman Service, Exchange Tower, London, E14 9SR.
Contact: 0800 0234567, 0300 1239123.
7.4 The Ombudsman will be able to confirm whether he can look at the complaint. If the Client is entitled to make a complaint to the Ombudsman, then they are not bound to follow any alternative procedure and can make their complaint to the Ombudsman within the timescales set down by the rules applicable to that scheme, details of which will be provided to the Client by us on request.
8.1 Any amendment whether proposed by the Broker or the Client shall be notified in writing to the other party. Any amendment proposed by the Broker shall take effect on the date specified unless in the meantime the Client notifies the Broker to the contrary or requests an extension of time. Any amendment proposed by the Client shall take effect when accepted by the Broker in writing.
9. Privacy Notice and Data Protection
9.1 A Privacy Notice may be issued separately or found on our website, www.directassetfinance.com .
Being transparent and providing accessible information to individuals about how We will use Your
personal data is a key element of the EU General Data Protection Regulation (GDPR).
9.2 The Privacy Notice details are lawful bases for processing data, who We are, how We use the information about You, marketing consent, what information is collected, why the personal data is required, our data retention periods and individuals’ rights to personal data. More detailed information can be obtained on request.
9.3 You must be confident You understand how your data will be processed. If you require further clarification, please contact us before giving your consent.
9.4 If you have not seen our Privacy Notice. Contact us or visit our website before committing to any finance. www.directassetfinance.com.
10. Assignments and third-party rights
10.1 The Terms of Business is personal to the client and a person who is not a party to this, may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
11. Professional Indemnity
11.1 The Broker will maintain professional indemnity insurance cover in respect of its business with and on standard terms offered by reputable insurers.
12.1 The Client accepts that the Broker shall have no liability for any economic loss (whether direct, indirect or consequential) insofar as it relates in any way to loss of business, loss of Client data, interruption of business or loss of profits or goodwill because of the manner of performance by the Broker of any obligations arising under these terms. This exclusion of liability will not, however, otherwise affect any statutory rights of the Client.
13. Choice of Law
13.1 These Terms of Business shall be construed in accordance with English Law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
Any lender selected by the Broker will undertake a thorough examination of the Client’s ability to service the finance. This will include approval of accounting and financial information and a valuation for bank purposes of any property offered as security. Approval of this information is at the sole discretion of the lender (and not the Broker). Several factors, beyond the control of the Broker, may emerge during this process and cause the lender to weight, or vary, the terms indicated in any quotation which will be revised accordingly.
In addition, funders may require some or all the following:
- Suitable insurance on, for example, Buildings, Plant, Machinery and Stock
- Directors guarantees
- An independent survey or valuation, for bank purposes, of any security
- Detailed financial and accounting information including bank statements, projections and accounts
- independent Solicitors to prepare and complete the loan and security documents
- Any other information as necessary to show the viability of the application e.g. Business Plan.
Right to withdraw your consent
If we have asked for your written consent to obtain information, you have the right to withdraw your consent at any time. To withdraw your consent please email, email@example.com. Once we receive your notice of withdrawal, we will cease processing your data unless we have any other lawful basis on which to continue processing that data.
First Floor, Suite 4, Bredon House, Almondsbury Business Centre, Woodlands, Bradley Stoke, Bristol, BS32 4QH.
Tel: 0345 833 4771: firstname.lastname@example.org / www.directassetfinance.com
Registered Address: Freshford House, Redcliffe Way, Bristol, BS1 6NL
Registered Number: 06456740 (England): VAT Number: 156 8512 90
Direct Asset Finance Ltd is Limited Authorised and Regulated by the Financial Conduct Authority: FRN 679663