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LEGAL

Terms of Business

HDFS LTD T/A MONEYCARE

HDFS Ltd t/a Moneycare is regulated by the Central Bank as a Multi-Agency Intermediary under the Investment Intermediaries Act 1995, as amended; as a mortgage intermediary authorised under the Consumer Credit Act, 1995, as amended and as an insurance Intermediary registered under the European Communities (Insurance Mediation) Regulations, 2005. The Central Bank holds registers of regulated firms. You may contact the Central Bank on 01-4104000 or visit their website on www.centralbank.ie to verify our credentials.

Moneycare is subject to the Central Bank’s Consumer Protection Code, Fitness & Probity Standards, and Minimum Competency Code, which offer protection to consumers – these Codes can be found on the Central Bank’s website www.centralbank.ie. Moneycare does not hold a shareholding in any insurer and likewise no insurer has a shareholding in our firm.Moneycare offers advice on a fair analysis basis in relation to all aspects of mortgage finance and also in relation to Life Assurance products (Term Cover, Serious Illness and Permanent Health Cover) and General Insurance, Pensions, Investments, PRSAs. This means, for these products, we advise on a wide range of providers and products on the market. We also provide advice on a limited analysis basis for Household Insurance through our agencies with Allianz and Aviva General. We also transmit your orders to any of the products producers with which we hold an agency – a list of which is enclosed later in this document.

Moneycare offers advice on a fair analysis basis in relation to all aspects of mortgage finance and also in relation to Life Assurance products (Term Cover, Serious Illness and Permanent Health Cover) and General Insurance, Pensions, Investments, PRSAs. This means, for these products, we advise on a wide range of providers and products on the market. We also provide advice on a limited analysis basis for Household Insurance through our agencies with Allianz and Aviva General. We also transmit your orders to any of the products producers with which we hold an agency – a list of which is enclosed later in this document.

All fees will be agreed with the client before any advice is given.

Data Protection –  Moneycare is a Data Controller as defined in the Data Protection Acts 1988 and 2003. You have the right at any time to request a copy of any ‘personal data’ within the meaning in the Acts that our office holds about you and to have any inaccuracies in that information corrected.

Privacy Policy Consents, Permissions and Acknowledgements

Here at Moneycare we take your privacy seriously and will only use your personal information to provide the products and services you have requested from us.

We use your personal information as outlined in our Data Privacy Statement.

Life Assurance

In the case of life assurance where HDFS Ltd t/a Moneycare is not in receipt of commission, reserves the right to charge a service fee, depending on the complexity of the transactions, time spent and the extent of the transaction, in a such case the fee will be agreed with clients before any advice is given. In a case where we are in receipt of commission payment from the life company, you will receive a copy of that companies key feature document which outlines all and any payments which we receive.

Mortgage Business

HDFS Ltd t/a Moneycare is in receipt of mortgage commissions from lenders at a rate of up to 1% of the value of the amount borrowed. A list of lenders whom HDFS Ltd t/a Moneycare hold agencies with is listed in this document. In certain circumstances we may charge a fee for providing your mortgage, a fee depending on the type, complexity and time spent on the mortgage required may be up to €1000. All fees will be agreed with the client before any advice is given. HDFS Ltd t/a Moneycare may make sub-commission payments to introducers of mortgage business to the company. All recipients of such sub-commission payments must be registered by the Central Bank as a Mortgage Intermediary.

General Business

Where advice or service is provided by the firm in connection with a product or policy arranged through our agency by us we may, in addition to the commission paid by the insurer, can charge a fee of up to thirty five per cent of the premium including levy. In such a case a number of factors will be taken into account such as complexity, value, risk, specialist skills and amount of commission receivable from the insurer. We may also charge a fee of up to €30 for expenses incurred in resolving issued relating to payment clearances. Where we arrange for an external credit finance facility for clients to assist in premium payment we will receive up to 2.65% commission. We have agencies with Aviva General and Allianz for general insurance.

Fees

In certain circumstances it will be necessary to charge a fee for services provided. Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency or you may choose to pay in full for our service by fee. In any case we will give an estimate of the rate in advance of providing you with services. Unless stated all fees are payable within 14 days of invoice issue date. We do not charge an initial tele – consult fee. Home Loan Fees are charged as follows: · €195 at application stage. This fee is payable upon submission of the requested mortgage documentation to us; · €300 at Approval in Principal stage. This fee is payable upon receipt of an Approval in Principal Letter; · €300 at Loan Offer stage. This fee is payable once your loan offer is issued; · An additional €100 is payable at the release of each subsequent stage payment (if applicable). Additional fees are payable for complex cases requiring specialist skills or urgency. We will give an estimate of these fees in advance of providing you with services. At our absolute discretion we may waive our Approval in Principal and Loan Offer fees. This will be agreed in advance however if an Approval in Principal or Loan Offer is secured for you and you subsequently do not finalise your mortgage finance with us, these fees become immediately payable.

Buy to Let Fees are charged as follows: · €250 to review all mortgage application documentation provided by you so as to establish your suitability to apply for a mortgage. This fee is payable upon submission of the requested mortgage documentation to us; · €375 to research the market, prepare a credit submission and engage with Lenders on your behalf and obtain indicative lender(s) decision (Approval in Principle or “AIP”). This fee is payable upon receipt of an Approval in Principle as outlined prior to Lender submission; · €375 to progress your application from “AIP” stage and to co – ordinate with all parties to cheque issue. This fee is payable once your loan cheque has issued. An additional €100 is payable at the release of each subsequent stage payment (if applicable).

Complaints Procedure

Any complaint that you may have in relation to the business services provided should be made in writing to the firm outlining the nature of you complaint. This procedure ensures that all complaints are recorded and acknowledged within 5 business days. The complaint will be fully investigated by HDFS Ltd t/a Moneycare and a full response will be provided to you. We will attempt to investigate and resolves a complaint within 40 business days. In the event that you the client remains dissatisfied with the handling of and/or response to a complaint you are entitled to refer your complaint to the Financial Services Ombudsman.

Conflict of Interest

It is the policy of the firm to avoid any conflict of interest when providing business services to its clients. However, where an unavoidable conflict may arise we will advise you of this in writing before proceeding to provide any business service. If you have nor been advised of any such conflict you are entitled to assume that none arises.
Consumer Protection

Consumer Protection

HDFS Ltd t/a Moneycare is a member of the Investor Compensation Scheme established under the Investor Compensation Act 1998. The legislation provides certain remedies to eligible clients on default by the firm. The main details of the operation and conditions of the scheme are outlined in Appendix 3. Your legal rights against the firm are not affected by this scheme.

Default Remedies

HDFS Ltd t/a Moneycare in the event of default by the client are: Product providers are entitled to withdraw benefit or cover on default of any payments due under any products arranged for your benefit. It is therefore critical to the guaranteed continuance of your insurance that your premium is paid in full. Come insurers may include as a term of the insurance a settlement due date or in some cases a warranty under the terms of which the premium must be paid to them by a certain date. We inform our clients of such requirements and the relevant date in good time to allow the payment terms to be met. Failure to comply with the terms of the warranty may mean that the insurers obligation under the policy will be terminated. We will automatically advise you of any payments outstanding on you policy and the consequences of failure to pay premiums.

Data Privacy Notice

Moneycare takes data privacy seriously. We are committed to protecting your personal data and respecting your privacy. To the extent that the European General Data Protection Regulation applies, in accordance with applicable law, this Data Privacy Notice provides you with detailed information relating to the protection of your personal data by Moneycare. We are responsible, as a controller, for collecting and processing your personal data in relation to our activities. The purpose of this Data Privacy Notice is to let you know which personal data we collect about you, the reasons why we use and share such data, how long we keep it, what your rights are and how you can exercise them. Further information may be provided where necessary when you apply for a specific product or service.

Appendix 2.

The following are a list of insurance undertakings and product producers from which HDFS Ltd t/a Moneycare holds written letters of appointment to act as an intermediary.

Non Life Insurance Appointments

  • Allianz Ireland plc
  • Aviva General Insurance Ltd

Stockbroker Appointments

  • Cantor Fitzgerald Ireland Ltd
  • Davy Select

Lender Appointments

  • Permanent TSB
  • KBC Homeloans
  • Haven Mortgages
  • Dilosk DAC trading as ICS Mortgages
  • Finance Ireland Credit Solutions DAC trading as Finance Ireland Leasing
  • Senior Money Mortgages (Ireland) DAC

Pension Trustee

  • Bespoke Trustees Limited
  • Newcourt Pensioneer Trustees Limited

Life Assurance Appointments

  • Irish Life
  • Zurich Life
  • Royal London
  • New Ireland Assurance
  • Aviva Life & Pensions
  • Wealth Options Limited
  • Standard Life Assurance
  • BCP Asset Management
  • Blackbee Investment
  • Arena Capital Partners Ltd
  • Broker Solutions
  • Greenman Investments

    Deposit Agencies

    • Permanent TSB
    • Investec
    • KBC Bank

    Appendix 3.

    Investor Compensation Act, 1998.

    Under Section 38 (1) of the Investor Compensation Act, 1998 I wish to draw your attention to the following:

    1. the Investor Compensation Act, 1998 provides for the establishment of a compensation scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) of authorised investment firms, as defined in that Act; my firm is a member of the compensation scheme; compensation may be payable where money or investment instruments owed or belonging to clients and held, or in the case of investment instruments, administered or managed by my firm cannot be returned to those clients for the time being and there is no reasonably foreseeable opportunity of the firm being able to do so; a right to compensation will arise only:if the client is an eligible investor as defined in the Act:if it transpires that my firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and to the extent that the client’s loss is recognised for the purposes of the Act:where an entitlement to compensation is established, the compensation payable will be the lesser of:90 per cent of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1988; or compensation of up to €20, 000.

    2. my firm is a member of the compensation scheme;

    3. compensation may be payable where money or investment instruments owed or belonging to clients and held, or in the case of investment instruments, administered or managed by my firm cannot be returned to those clients for the time being and there is no reasonably foreseeable opportunity of the firm being able to do so;

    4. a right to compensation will arise only:

      i) if the client is an eligible investor as defined in the Act:

      ii) if it transpires that my firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and

      iii) to the extent that the client’s loss is recognised for the purposes of the Act:

    5. where an entitlement to compensation is established, the compensation payable will be the lesser of:

      i) 90 per cent of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1988; or

      ii) compensation of up to €20, 000.

    Statement of Authorised Status

    HDFS limited t/a Moneycare (‘the firm’) (Ref, No. C12721) is authorised under Section 10 of the Investment Intermediaries Act, 1995 (as amended).

    As a Multi-Agency Intermediary, HDFS Limited t/a Moneycare is authorised to receive and transmit orders to product producers from whom a written letter of appointment is held, in relation to:

    The firm is also authorised to act as a deposit broker and to give advice in relation to deposits.

    The firm may also give investment advice only in relation to investment instruments available from those product producers from whom an appointment is held.

    When receiving and transmitting orders in relation to insurance policies and/or PRSAs, the firm may only accept cash or cheques/bank drafts from clients payable to itself where:

    1. an insurance undertaking has invited renewal of a policy of insurance, or

    2. a proposal for insurance and/or PRSAs has been accepted by an insurance undertaking.

    In all other circumstances cheques/bank drafts or other payment instruments must be made payable to the product producer.

    Reference No: Cl272l

    The Central Bank of lreland, in accordance with the provisions of Section I l6 of the Consumer Credit Act, 1995 (as amended) and Section 33C of the Central Bank Act, 1942 (as amended) hereby authorises IIDFS Limited whose principal place of business is:

    3 Dawson Street, Monaghan Town, Co. Monaghan

    to engage in the business of being a Mortgage Intermediary under the name(s) of:

    HDFS Limited t/a Moneycare

    on behalf of the following undertaking(s):

    • KBC Bank Ireland plc,
    • Permanent TSB plc,
    • Haven Mortgages Limited
    • Dilosk DAC t/a ICS Mortgages
    • Finance Ireland Ltd

    This authorisation is valid for a period of 10 Years commencing on 19th August 2016

    For and on behalf of the Central Bank of lreland

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