DSG Financial Services Ltd. Dealer Group / Introducer Application & Declaration Business Terms

Transcription

1 of DSG Financial Services Ltd Dealer Group / Introducer Application & Declaration Business Terms

2 Definitions FCA Financial Conduct Authority Company DSG Financial Services Ltd and any of its subsidiary Companies. DSG Financial Services Ltd & DSG Financial Services (Scotland) Ltd (FCA interim permission numbers: /631731) are finance brokers operating with a range of motor finance lenders Dealer Group A motor dealer group with one or more Introducers operating within its structure Introducer Motor Dealer or supplier of the Asset Lender Any or all of the finance providers with which the Company transacts business Agreement Any finance agreement between the Lender and the Customer relating to the sale/purchase or hire of a particular Asset proposed by the Introducer Asset Vehicle or Equipment to be sold by the Introducer to a Lender for subsequent supply to a Customer under a credit agreement, or for the direct hire and/or sale by the Introducer to a Customer Customer Customer as defined in any particular Agreement who will be utilising the Asset Invoice An invoice relating to the sale and/or hire of a particular Asset to the Lender or to the Customer Commission Any payment made by the Company to the Introducer for the introduction of the Customer to the Company and/or Lender Debit Back The repayment of Commission by the Introducer in relation to an early settlement or default of the Agreement by the Customer, or in the event that the Asset is returned to the Introducer as a result of a breach of implied terms as to quality or fitness for purpose E-sign facility The secure online platform provided by the Company to allow the Customer to electronically sign and enter into a credit agreement either at the Introducers premises or at another place (for example in the Customer s home) Agreement Between DSG Financial Services Ltd (registered in England ) or any of its subsidiary companies (herein after called The Company ) of Camelot House, Bredbury Park Way, Stockport, SK6 2SN and the Dealer Group and/or Introducer (must be exactly as FCA interim permission/authorisation register) of Address (Herein after called The Dealer Group and/or The Introducer ) *delete as appropriate Dealer Group/Introducer Details FCA interim permission/authorisation Number Telephone Number Co. Reg. Number Address VAT Number: Established Date / / 2

3 Bank Details Please specify (tick corresponding box below) if you require payments for advances and commission to be paid; Into the same bank account (Please provide bank account details below proof of bank details are required in the form of copy cheque/paying in book) Bank Name Branch Address Account Name Sort Code Account No. Into separate bank accounts (Please provide separate bank account details below - proof of bank details are required in the form of copy cheque/paying in book) Payments of advances: Bank Name Branch Address Account Name Sort Code Account No. Payments of Commission: Bank Name Branch Address Account Name Sort Code Account No. address to receive commission statistics BACS Disclaimer You acknowledge that you have provided us with the above bank details for the purpose of paying finance advances and Commissions to you by BACS or similar electronic transfer. You have indicated that you are an authorised signatory for the Introducer, by signing this document. You have authorised the Company and/or nominated Lender to make payment solely to the bank account detailed above. The Company or Lender are not liable if it transpires that any monies should have been paid to a different account. (Proof of these bank details in the form of a copy cheque or paying in slip must be provided) 3

4 Dealer Group / Introducer Declaration 1. In the case of the sale/hire of each particular asset the introducer warrants that at the time of sale/hire of each particular Asset: 1.1 The proposed asset must be the sole property of the Introducer and free of all charges, liens and encumbrances, 1.2.The Introducer will sell the Asset to the Lender or Company at the cash price stated on the Invoice including VAT, 1.3 The description and cash price of the Asset as stated on the Invoice will be correct in all respects; 1.4 The Invoice will contain all of the following information specific to the proposed Asset. Namely the following: Date of invoice & invoice number VAT Number Make Model New or used Registration/Serial Number Identity/Chassis Number Mileage from odometer (where applicable) Date first registered or age (where applicable) Cash price Deposit paid Part exchange allowance Balance due 2. Where the Asset is a motor vehicle it will, unless otherwise specified in the Invoice, be in either CAP Clean condition (as published by CAP Motor Traders Limited) or in Glass s Excellent (Guide Condition) as published by Glass's Information Services Limited and of satisfactory quality, durable and fit for its purposes, and comply in all respects with any representations or conditions or warranties, whether express or implied, made by the Introducer or any employee or agents of the Dealer Group and/or Introducer 3. The amount to be paid by the Lender or Company will be the balance due which is equal to the cash price less the deposit paid and any part exchange allowance or any initial rental payment paid to the Introducer; the Introducer will settle any existing finance agreement on the proposed asset and clear title must be guaranteed prior to payment being made by the Lender or Company. Evidence of good title may be required from time to time 4. The Introducer will settle any liens and encumbrances on part exchange assets that are associated with the Agreement 5. The Dealer Group and/or the Introducer is not the Company s or Lenders agent save as is provided by the Consumer Credit Act 1974 and the Introducer shall not hold itself out as being The Company's or Lenders agent 6. The cash price shown on the Agreement represents the price at which the Introducer is prepared to deal in cash. The part exchange allowance (if any) as shown in the Agreement represents the reasonable value of the Asset traded in to the Introducer by the Customer 7. The Introducer understands that the Lender will purchase the Asset from the Introducer only if the Customer and the Lender enter into the Agreement. The signing of the Agreement by the Lender shall be sufficient acceptance by the Lender of this offer to sell the Asset to the Lender. Title will pass to the Lender immediately. The risk will then pass direct from the Introducer to the Customer 4

5 8. The Introducer does not have an interest in, or a connection with the Customer or a business with which the Customer is connected or with which he or she is interested; The Customer is acquiring the Asset for his or her own beneficial use 9. Before release of the Asset the Introducer must check the identity of the Customer by seeking appropriate proof as requested in the terms of acceptance. If the Introducer has any doubts as to the identity as the person seeking to take the Asset the Introducer must telephone DSG Financial Services on and await instructions 10. The Introducer or its representative must not knowingly or recklessly propose an individual or entity to the Company or Lender in order to secure entry into finance agreement on behalf of an undisclosed individual or entity (typically known as an accommodation deal ). Any breach of this clause will result in the Introducer being required to repay all monies paid under the proposed agreement to the Company and/or Lender 11. The Introducer will not release an Asset into the possession of the customer unless in receipt of written confirmation from the Company that the Agreement has been paid out. In the event that the Introducer does release an Asset without this confirmation, then the Introducer has sole liability for recovery of the Asset should the confirmation of payment not be forthcoming or the Agreement fail to complete at pay-out stage 12. The Introducer acknowledges and agrees to refund the Lender the funds advanced should any failure on the Introducer's part to make all the necessary checks, results in the fraudulent obtaining of the Asset by anyone other than the Customer 13. The Introducer warrants to co-operate fully and promptly with the Company and/or the Lender in settling any dispute (including but not limited to issues relating to the Asset quality) that may arise in connection with the Asset, and to similarly co-operate in relation to any dispute arising as a result of any description or representation regarding the Asset made by the Introducer. And: 14. The Dealer Group and/or Introducer agrees to indemnify the Company in the event that it is required to similarly indemnify the Lender as a result of any claim, action, demand or complaint in relation to, but not limited to, the satisfactory quality or fitness for purpose of the Asset supplied by the Introducer (including, but not exclusive to any claims referred to the Financial Ombudsman Service) 14.1 The Dealer Group and/or the Introducer agrees to provide the Company with full and prompt co-operation in relation to any Customer complaints and/or investigations by any statutory or other authorities, including without limitation to the Financial Ombudsman Service and the Financial Conduct Authority 14.2 The Dealer Group and/or Introducer agrees to pay any fees/fines levied or compensation awarded as a result of any investigations made by a regulator or other similar body, where the actions of the Introducer, including, but not limited to complaints in relation to Asset quality or mis-selling are cited by a regulator or similar body as being non-compliant and result in a financial loss to the Company or Lender 15. The Introducer warrants that they will comply with all regulatory requirements relevant to the transaction and in compliance with the procedures outlined by the Company 15.1 The Dealer Group and/or Introducer warrants to ensure that the appropriate FCA interim permission/authorisation or appointed representative status is held by the Introducer to allow the Introducer to engage in consumer credit activities 15.2 The Dealer Group and/or Introducer warrants to immediately advise the Company of any changes in relation to their FCA interim permission/authorisation or appointed representative status 15.3 The Dealer Group and/or Introducer agrees to ensure that as a minimum, the Introducer will be authorised to engage in credit broking, debt adjusting on a commercial basis and debt counselling on a commercial basis 5

6 15.4 The Introducer warrants to ensure that it will introduce Customers to the Company in accordance with the FCA principles of treating customers fairly 15.5 The Introducer warrants to advise the Customer that the use of the Company s services can result in the requirement for multiple credit reference agency searches 15.6 The Dealer Group and/or Introducer warrants that it will comply with all of its obligations under the Data Protection Act 1988 which arise in relation to this agreement 15.7The Dealer Group and/or Introducer agrees to co-operate with the Company in relation to ensuring that the Introducer, the Company and the Lender operate in a compliant manner. 16. The Introducer accepts that transactions paid out through the Company or any of its subsidiary companies will be taken as acceptance of these terms Commission & Debit Back Terms 17. Commission is payable to the level as indicated by the online system driven quotation from the Company, or on a case by case basis agreed by the staff of the Company directly with the Introducer, or by a pre-arranged package provided in writing by the Company to the Introducer. Any debits which are due to be paid to the Company will be deducted from Commission payments and will appear on the statement referred to below 17.1 The Company will provide a Dealer Group with a statement detailing Commission paid to all Introducers within that Dealer Group for any given month. 18. The Introducer will only be debited back when the Company are also debited back by the Lender. A summary of relevant debit back terms is available on request 19. Commission Debit Back terms change from time to time. Each deal is bound by the debit back terms in place at the time each agreement is written 20. Commission is paid to the Introducer monthly in arrears. The Company has the right of offset and may retain Commissions to offset against any monies owed to the Company by the Introducer 21. The Introducer will co-operate with the Company in relation to the commission disclosure rules as detailed in the FCA s Consumer Credit sourcebook (CONC), in addition to the Company s internal policy. In particular, the Introducer accepts responsibility to ensure that commission disclosure is made to a Customer in accordance with; CONC A credit broker must disclose to a customer in good time before a credit agreement or a consumer hire agreement is entered into, the existence of any commission or fee or other remuneration payable to the credit broker by the lender or owner or a third party in relation to a credit agreement or a consumer hire agreement, where knowledge of the existence or amount of the commission could actually or potentially: (1) affect the impartiality of the credit broker in recommending a particular product; or (2) have a material impact on the customer's transactional decision. CONC At the request of the customer, a credit broker must disclose to the customer, in good time before a regulated credit agreement or a regulated consumer hire agreement is entered into, the amount (or if the precise amount is not known, the likely amount) of any commission or fee or other remuneration payable to the credit broker by the lender or owner or a third party. 6

7 Termination Rules 22. Either party may terminate this agreement by providing 30 days notice in writing to a Company director or other authorised person 23. Upon termination: 23.1 All Commission and Debit Back terms and conditions will remain in effect in relation to existing agreements 23.2 All warranties and terms and conditions set out in this agreement shall remain in effect for existing agreements at the time termination notice is given 23.3 The processing of previously accepted pipeline deals within the termination notice period will be at the discretion of the Company and the Lender Company Declaration Proposal service 24. The Company will use its best endeavours to ensure that the highest quality acceptance on each proposal is gained as soon as possible. The Company will not submit an application to a Lender where the Introducer has advised the Company not to do so 25. Exact repayment terms and conditions of the Customer s agreement (and Commission) will be confirmed once the proposal has been accepted by a Lender on the Company s panel 26. All decisions will be confirmed in writing or by 27. Finance documentation will be prepared by the Company s staff and ed to the Introducer Pay-out Service 28. Pay-out confirmation will be provided to the Introducer by the Company by , within 72 hours of receipt of all requested documentation. The amount of Commission payable to the Introducer will be confirmed in this communication 28.1 The Company will provide the Introducer with a transaction summary (at pay-out stage) which will provide information in relation to the Company processes used to place a Customer with a particular Lender/product 29. Lenders reserve the right to withdraw an acceptance at any time up to issuing written payout confirmation, the Company accepts no responsibility for Assets released prior to receipt of written pay-out confirmation 30. Payments from the Lender to the Introducer in relation to the supply of an Asset will be made directly by either cheque, CHAPS or BACS transfer which will then appear (in the case of transfers) in the Introducer s bank account within 3-5 working days Product Commitment 31. The Company will co-operate with the Introducer in order to maximise Asset sales in a compliant manner, and without having an adverse effect on any existing funder relationships or commitments which the Introducer may have in place 32. The Company will not promote any of its product range to an Introducer without the permission of the Introducer s Dealer Group (where one exists) 7

8 33. The Introducer will have access to the Company s online technology and the Company warrants to use its best endeavours to ensure it is available at all times Operational Commitment 34. The Company s internal account management team will be available Monday Friday (8.30am 6.30pm), Saturday (10.00am 4.00pm) and Sunday (10am 4.00pm) to assist in maintaining the business relationship between the Company and the Introducer 35. The Company will make management information available to the Dealer Group and/or Introducer in relation to the performance of the relationship between them and the Company 36. Reviews in relation to the performance of the relationship between the Dealer Group and/or Introducer and the Company will be held on the request of the Dealer Group and/or the Introducer Agreement to Terms & Conditions detailed within this document Authorised to sign for and on behalf of _ (The Dealer Group and/or the Introducer) *delete as appropriate Signature Print Name Position Date / / Note: An Authorised Signatory must be an individual that has the authority to legally bind the Dealer Group and/or Introducer to the terms & conditions contained in this document. It is the Dealer Group and/or the Introducer s responsibility to ensure the person signing above is authorised to do so. The Company accepts in good faith that the signature above is that of an authorised signatory. If the Company believes there are reasonable grounds to suspect that the signature is not that of an authorised signatory, the Agreement will not take effect until the Company makes further enquiries with the Dealer Group and/or the Introducer and is satisfied as to the authorised status of the signatory. For independent introducers, the authorised signatory must be either a proprietor or company director (as appropriate). Additional information If you are signing this document as a sole trader, partnership or limited company (excluding franchised dealers & used car supermarkets ), please provide personal address details of the owner or a director of the business below (this information is requested to allow us to complete our own due diligence and will be treated confidentially) Address details 8