Terms | Mortgage Tree
Please note, decisions should not be taken based solely on the content of the website and individual advice should be sought first. We would also recommend you read the client agreement below:
1. This document sets out the basis on which we will conduct business with you and on your behalf. It is an important document and we would ask you to read it carefully and if you are unsure of any of its terms please ask.
2. The terms of this Client Agreement come into force immediately on acceptance of its terms and remains in force until further notice.
3. Mortgage Tree is an appointed representative of Julian Harris Financial Consultants Ltd, which is authorised & regulated by the Financial Conduct Authority (FCA). Mortgage Tree (hereon referred to as the firm™) FCA number is 304155. You can check this on the FCA’s register by visiting the FCA’s website or by contacting the FCA at 12 Endeavour Square, E20 1JN or telephone 0845 606 1234, or by contacting us at Mortgage Tree, York, North Yorkshire. UK. YO31 0QZ
Financial Planning Objectives
4. In order to provide you with personal advice and recommendations suitable for your particular circumstances we will undertake a fact find to gather the appropriate information to assess your needs. We will then be able to set out clearly your financial planning objectives based on your stated objectives, acceptable level of risk and any restrictions you wish to place on the type of policies you are willing to consider. Details of your stated objectives will be set out in a Suitability Report we will issue to you to confirm our recommendation. Unless confirmed in writing, to the contrary, we will assume that you do not wish to place any restrictions on the advice we give you.
5. We will outline from the outset whether our advice will cover your entire financial planning needs or whether it will focus on a specific area giving consideration to any restriction you place on what you want advice.
6. Once we have arranged any general insurance and mortgages contract for you we will not provide ongoing advice relating to it unless we are obliged to do so. You may request an ongoing review service which is available by a separate agreement, details of which we shall be pleased to provide to you. Where we do agree an ongoing service arrangement, a separate agreement may be provided.
7. Your adviser is independent and acts on your behalf as your agent. The adviser is therefore able to provide advice on the products of different companies from the whole market, rather than being restricted to the products or just one or a few companies.
8. We require our clients to give us instructions in writing, to avoid possible disputes. This will usually be in the form of a proposal or application form. We will, however, accept oral instructions in certain instances provided they are subsequently confirmed in writing.
9. The type of client category will determine the levels of protection afforded to you under the Financial Services and Market Act 2000. The firm proposes to classify you in accordance with FCA rules as a Retail Client and the regulatory protection available to you will be the highest available.
Payment for Services
10. You will pay for our services by either fee, commission (or product charges) or a combination of fee and commission (through product charges). We will discuss your payment options with you and answer any questions you have. We will not charge you until we have agreed with you how we are to be paid.
11. In accordance with the FCA’s requirements, before providing advice for mortgages and insurance we will issue a Combined Initial Disclosure Document. The document will detail the options for the firms remuneration by fee, commission or a combination of both.
12. We may also receive commission or other form of benefit from working with the issuer of a security, a product provider or from another intermediary. We will inform you before the transaction if we are likely to receive such commission or form of benefit from recommending any product to you.
13. In respect of any regular premium policy which we may recommend, should you subsequently cease to pay premiums on the policy and in consequence we are obliged to refund the commission that has been paid to us we reserve the right to charge you a fee representing the amount we have to repay, for a period of up to four years after commencement of the policy. We will not charge the fee if you exercise your right to cancel in accordance with the cancellation notice sent to you by the product provider.
14. For your additional security we do not handle client’s money. We never accept a cheque made out to us (unless it is a cheque in settlement of charges or disbursements for which we have sent you an invoice) or handle cash.
15. We will make arrangements for all your contracts to be registered in your name unless you first instruct us otherwise in writing.
We will forward to you all documents showing ownership of your policies 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 and then forward them to you.
Financial Services Compensation Scheme
16. We subscribe to the Financial Services Compensation Scheme. 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 up to a maximum limit of £85000.
Further information about compensation scheme arrangements is available from the FSCS.
17. If you should have any complaint about the advice you receive or a product you have bought please write to Jason at Mortgage Tree, York, North Yorkshire. UK. YO31 0QZ
If following our subsequent investigation and response you are still not satisfied you may contact the Financial Ombudsman Service. Full details are contained within our internal complaints procedure, which is available to you on request at any time.
18. The cancellation rights for each individual policy you have been advised on will be explained to you in your suitability report.
19. We offer independent financial advice, but occasions can arise where we, or one of our other customers, will have some form of interest in business, which we are transacting for you. If this happens, or we become aware that our interests or those of one of our other customers conflict with your interests, we will inform you in writing and obtain your consent before we carry out your instructions. There may be occasions when we will be unable to act for one of the parties.
20. As a consequence of such potential conflicts arising, we have put arrangements in place to ensure our clients are treated fairly. We have also implemented a conflicts of interest policy to help us manage such risks, which you may access on request.
21. Relevant risk warnings will be advised to you throughout the financial planning process and in your suitability report.
For mortgages please be aware that your home may be repossessed if you do not keep up repayments on your mortgage.
For insurance products, your insurance policy may lapse if you do not keep up to date with regular premium payments and you may not be covered if a claim is made.
Termination of Authority
22. You or we may terminate our authority to act on your behalf at any time without penalty. Notice of this termination must be given in writing and will take effect from the date of receipt. Termination is without prejudice to any transactions already initiated which will be completed according to this client agreement unless otherwise agreed in writing. You will be liable to pay for any transactions made prior to termination and any fees which may be outstanding.
Data Protection & Anti Money Laundering
23. It is understood that we keep personal and financial information with regard to your circumstances on file (electronic and/or paper based) as required to be able to advise you as to your financial planning needs. Please refer to our Privacy Notice which confirms how this information will be used.
24. We cannot be held responsible for the information held on your file becoming inaccurate due to your change of circumstances if you fail to inform us of those changes.
25. Where business services are provided to the firm by third parties then circumstances may arise which warrant the disclosure of more than just your basic contact details. Please refer to our Privacy Notice which confirms how this information will be used.
26. We keep records of our business transactions for at least five years.
27. We are required to verify your identity in accordance with the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2017. We reserve the right to approach third parties and to delay any applications until adequate verification of identity has been obtained.
Governing Law & Jurisdiction
28. We reserve the right to amend this client agreement at our discretion where changes in regulation, law etc. necessitate by giving you notice in writing. You will also be given the option to accept our new agreements or terminate our authority. This client agreement shall be governed by and construed according to English / Scottish Law. Any disputes shall be determined in the English / Scottish Courts.
29. This is our standard client agreement upon which we intend to rely. For your own benefit and protection you should read these terms carefully before signing them. If you do not understand any point please ask for further information.
I/We understand and consent to the terms of this client agreement and I/We hereby authorise the transfer of information, as described above, on a confidential basis when warranted between such third parties.
I/We authorise you to liaise with My/Our other professional advisers in exchanging relevant personal information pertinent to my/our financial planning requirements and to rely on any such information provided.
I/We agree that this Client Agreement will come into effect from the date of acceptance.