Terms Of Business

Marianna Financial Services
Company Number:12485005
Register office: West Link House Great West Road, TW8 9DN

About us
Marianna Financial Services whose offices are situated at West Link House Great West Road, TW8 9DN is authorised and regulated by the Financial Conduct Authority (FCA), the independent watchdog that regulates financial services. Our Financial Service Register number is 925226. You can view our authorisation on the FCA website – we can be found on the Financial Service Register. The FCA has authorised us for advising and arranging regulated mortgage contracts and advising and arranging regulated insurance contracts. We also offer Buy-to-Let mortgages and commercial loans (which are not normally regulated by the FCA).
You have been issued with this Terms of Business because you have indicated that you are interested in our services. This document covers both FCA regulated products as well as products that are not regulated. Where a subject mentioned in the terms of business does not apply then this will be specified in the text.

Our Mortgage Services
We are not limited in the range of first charge mortgage products and providers that we will consider for you. After we have assessed your needs, we will advise you about the mortgage products that we have available and make a recommendation for a suitable mortgage, where we believe that this is the most appropriate outcome for you. When considering your mortgage options we will also look at possible alternatives including further advances and product transfers with your existing lender (only where we are able to deal with your lender directly on your behalf). If we identify that a second charge is appropriate to your cir-cumstances, we can arrange an introduction to a specialist broker to deal with your case. We would not deal with such an application in this firm.

Our Insurance Services
We offer advice and a recommendation from a range of product providers that is broadly representative of the whole market for life and critical Illness cover; buildings and or contents; private medical insurance; accident, sickness & unemployment cover.

Data Protection & Client Identification
We will use the information that you give us in order to obtain financial products for you where you are eligible. In order to do this we will need to share your information with other parties such as mort-gage lenders and insurance providers. We may also share this information with other bodies in order to combat financial fraud and with our regulators and with third parties for compliance purposes. We will provide you with a copy of our firm’s Privacy Notice when we first meet with you. This will explain how we use your personal information and will require you to sign and give us your consent to hold and process your personal information. We will treat your personal information confidentially even if you are no longer a client of ours. If you require details of the information that we hold about you, please contact us on our office address and we will assist you in this. Under the Data Protection Act, you have the right of access to any data that our firm holds about you. If you wish to withdraw your consent for us to process your data, you can do so by writing to us at our office address.

We are required to verify the identity of our clients; to obtain information about the purpose and nature of business which we undertake on their behalf and to ensure that our information is kept up to date. For this purpose we may use electronic identity verification systems and we may conduct these checks from time to time throughout the relationship and not just at the beginning. We may also contact you from time to time in relation to the products that we have provided to you. We will only do this where you consent to us contacting you and this is one of the matters that you will be able to confirm in the Privacy Notice that we will issue to you. If you do not provide us with your consent, we will be unable to contact you. Normally, we would request that you permit us to contact you at the end of any fixed or discount period in order to assist you with the options available at that time. By signing this document, you are consenting to us doing this.

Our Fees
Most of the time we don’t charge a client fee as we will be paid a commission by the lender (see below). However, for complex cases (adverse credit including CCJ’s and / or defaults; 1-year trading for self-employed, etc.) we reserve the right to charge a fee. Where this occurs, we typically charge a fee of £495 up to a maximum of 1% of the loan amount.

For example, if your mortgage requirement is £200,000 our maximum fee would be £2,000. The fee agreed is payable on application to the lender and would not be refundable. Please note that our fee will still be charged in the event that the lender declines your mortgage as a result of non-disclosure of material facts regarding your application. We will also still require payment if you withdraw your application after we have made our recommendation to you.

We will provide you with our Authority to Proceed & Fee Agreement document for your agreement prior to undertaking any chargeable work. This will set out the exact amount of the fee that we will charge you. Once agreed the fee becomes payable upon submission of your application to the lender, this may include adding the fee to the mortgage where you request this and where we consider this to be within affordability.

Our payment details will be provided along with our Authority to Proceed & Fee Agreement document.
Upon the completion of your mortgage transaction, we will receive a procuration fee payment from the mortgage provider. You will receive an illustration when considering your mortgage, which will tell you about any fees relating to it and the procuration fee that we will be paid. If you require it, we can provide you with the commission rates of all those lenders we have considered when we make our recommendation to you.
We do not charge a fee for our insurance services but will be paid by commission from the insurer.

Vulnerable Customers
We seek to deal with all our customers in a manner that is clear, fair and not misleading an in line with the FCA’s new Consumer Duty requirements. Not all applicants for mortgages are vulnerable
customers, but there will be occasions where we find ourselves dealing with persons who have specific vulnerabilities. Examples of these might be medical conditions such as issues with hearing or sight; dyslexia or autism. They may also be related to understanding such as language or financial awareness or they may be related to your particular circumstances such as financial problems; divorce or bereavement. We will do what we can to ensure that, if you have a vulnerability, we are able to identify it and make sure that it does not limit the quality of service and advice that you receive from us. Whilst we will work with you to identify any possible vulnerabilities, we strongly encourage you to provide any information to us that may be of relevance to your needs and circumstances as we go through our factfinding process. If at any time you are unsure about the information that we have provided to you, please ask us and we will be happy to take the time to explain further to you.

Consumer Duty
The FCA imposes a duty on the firms that it regulates to ensure that they work towards good outcomes for consumers. In order to assist you in the outcomes that you require from your dealings with us we will advise you where you require our advice and will keep you informed at all stages of the process using documentation that is clear, fair and not misleading. If at any time you are unsure about anything we have told you; or documents that we have given to you; or have any queries about the product or service that we are providing you with; or if you have any questions or concerns about the provider whose products we have recommended then please do not hesitate to contact us.

If you want to Complain
We would expect our dealings with you to pass without problem. However, in the unlikely event that you wish to register a complaint, please contact us in writing to Complaints, Marianna Financial Services, 143 West Link House Great West Road, TW8 9DN or by phone to 02080902043 or Email on: info@mariannafs.co.uk. We would expect to be able to respond within eight weeks with our firm’s final response to your complaint.

Financial Ombudsman Service
If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service (FOS). Whilst most of the mortgage products we sell are eligible for FOS protection, you should be aware that majority of Buy to Let Mortgage Products and commercial products are not. All of our regulated mortgage and insurance products are covered by the FOS. We will advise you and inform you whether you can use the FOS when we issue our firm’s final response to your complaint.

Financial Services Compensation Scheme
We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends upon the type of business and the circumstances of the claim. Mortgage advising and arranging is covered for £85,000 per eligible person.
Most Buy to Let mortgage products are not eligible for FSCS protection. Most insurance advising and arranging is covered for 90% of the claim with no upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS.

Jurisdiction
This agreement is governed and shall be construed in accordance with the Law of England and the parties shall submit to the exclusive jurisdiction of the English Courts. Termination of our services The authority to act on your behalf may be terminated at any time without penalty by either party giving 7 days’ notice in a durable medium to that effect to the other, but without prejudice to the completion of transactions already initiated. Any fees incurred prior to the date of that notice shall be payable at that time.

Force Majeure
Marianna Financial Services Limited shall not be in breach of this Agreement and shall not incur any liability to you if there is any failure to perform its duties due to any circumstances reasonably beyond its control.

DECLARATION
This is our standard Terms of Business upon which we intend to rely. For your own benefit and protection, you should read the terms carefully before signing. If you do not understand any of these, please ask for further information. By accepting this terms of business you are willing to proceed on this basis.
You are aware of the fee that the firm charges for the services and agree to the amount and timing of this.