Terms of Business. Who we are? Whose policies do we offer? Which service will we provide you with?

Transcription

1 Terms of Business The Financial Conduct Authority is the independent watchdog that regulates financial services. Contained in this document is information which the Financial Conduct Authority requires us to tell you. Use this information to decide if our services are right for you. Who we are? Swinton Group Limited is a nationwide insurance broker. Our head office address is Swinton House, 6 Great Marlborough Street, Manchester M1 5SW. Swinton Group Limited is owned by MMA Holdings (UK) plc. We operate a number of trading divisions including Open + Direct Insurance, The Insurance Line, Swinton, Swinton Taxi, Swinton Bikes. Whose policies do we offer? When we offer an insurance policy to you, and for all subsequent transactions, we act as agent of the relevant insurer. Depending on the type of policy, we deal with either a limited number of insurers or a single insurer (as set out in the table below); however, we are not contractually bound to do business in this way. If a type of policy is not listed in the table, we offer that type of policy from a single insurer. A list of all the insurers we deal with is available on request. Not all of the policies listed below are available from each of our different trading divisions. Limited number of insurers Car Home Buildings and Contents Motorcycle Commercial Vehicles Public Liability Annual Travel Caravan Holiday Homes Employer s Liability Collectors Cars Taxi Landlords Small Craft Single insurer Drivers Legal Protection Home Emergency Household Legal Protection Breakdown Pet Photographers and Studio Minibus Motor Homes Accidental Death Benefit Personal Accident Single-trip travel Windscreen Cover Excess Insurance Landlords Legal Protection We will receive payment of your premium from you as agent for the relevant insurer. Any claims money or refund of premium we receive from the insurer in respect of your insurance is also received by us as agent of the insurer. If you purchase an insurance policy, and for all subsequent transactions, we will be paid a commission by the relevant insurer as agreed between that company and us. The way in which renewal deposits from direct debit customers are held is set out below. Which service will we provide you with? Limited number of insurers (see table above) We will ask you some questions to narrow down the selection of products that we will provide details on. You will then need to make your own choice about how to proceed. You will not receive advice or a recommendation from us. Single insurer (see table above) We will provide you with information about the policy. You will then need to make your own choice about how to proceed. You will not receive advice or a recommendation from us. Your right to cancel your insurance and your cooling off period You have the following rights to cancel any insurance you buy through us: You have a cancellation right which is set out in the policy document. You are also entitled to a cooling off period, which ends 14 days after you receive your policy documents. If your insurance is a travel insurance policy lasting less than one month, you do not have a cooling off period. Any other cancellation rights will be shown in the policy document. What you will be charged if you cancel your insurance 1) Prior to the commencement date of your insurance cover. If you cancel your insurance prior to the commencement date of your insurance a full refund of any monies paid will be provided. 2) Within the cooling off period If you cancel your insurance, before the end of the cooling off period, you will be charged by the insurer for the service they have provided up to the point of cancellation. We will also make a cancellation charge of 25. Our new policy inception or policy renewal service charge and any credit card handling charge made for arranging your insurance will be refunded. Terms of Business - page 1 of 5

2 If we have given you a discount off your premium at inception this will be deducted on a pro rata basis from any refund due to you on cancellation. Where a cancellation or other transaction results in a premium refund being due to you, that refund will be reduced by any sums you owe in respect of the policy. 3) After the cooling off period Some insurers do not provide a refund if the policy is cancelled after the cooling off period. Your policy document will set out your insurer s terms in this respect and any applicable cancellation charges made by your insurer. We will also make a cancellation charge of 50. Our new policy inception or policy renewal service charge and any credit card handling charge made for arranging your insurance will not be refunded. If we have given you a discount off your premium at inception this will be deducted on a pro rata basis from any refund due to you on cancellation. In addition, if we have given you an amount of cashback we have the right to deduct a proportionate amount of the cashback from any refund due, or recover the amount from you. Where a cancellation or other transaction results in a premium refund being due to you, that refund will be reduced by any service charge and any other sums you owe in respect of the policy. If you decide to cancel your policy with us it is your responsibility to return your Certificate of Insurance to us. Cancellation of Legal Policies, Excess Insurance and Windscreen Cover If you cancel your insurance, any associated Legal Protection, Excess Insurance and Windscreen Cover policy you purchased will also be cancelled. If this occurs within the cooling off period a full refund of the cost of the Legal Protection, Excess Insurance and Windscreen Cover policy will be provided. However, if this occurs after the cooling off period no refund will be given. What will you pay us for our services? The service charges we make may change from time to time. The tables below show the charges applicable at the time of printing. The outlet where you bought your policy will have available up-to-date details of the scale of charges at all times. It is not economic or practical to issue refund cheques of very small amounts. Accordingly, where a transaction would result in a refund to you from us of less than 1, this nominal amount will be retained by us as an additional service charge. Type of transaction Service charge Notes Quotation (all policy types) New policy inception (with the exception of policies incepted on our website see below) New policy incepted via our website (if quoted on our website and then incepted via phone this service charge will also apply) No charge Policy renewal Foreign use extensions on motor policies. No charge. Changes to existing policies Where a transaction results in a premium refund being due to you, that refund will be reduced by any service charge and any other sums owing in respect of the policy. Cancellations within the cooling off period Not charged if the insurance is cancelled prior to the commencement date of your insurance. Not charged on the cancellation of the following policies: any Travel Policy, Driver s Legal Protection, Household Legal Protection, Landlords Legal Protection, Home Emergency, Breakdown, Accidental Death Benefit, Personal Accident, Windscreen Cover, Excess Insurance. Cancellations after the cooling off period Not charged on the cancellation of the following policies: any Travel Policy, Driver s Legal Protection, Household Legal Protection, Landlords Legal Protection, Home Emergency, Breakdown, Accidental Death Benefit, Personal Accident, Windscreen Cover, Excess Insurance. Duplicate documents and cover notes (for taxation purposes or otherwise) Direct Debit defaults If a duplicate certificate is requested at the same time as a request for a cover note then only one charge will be made. Direct Debit reinstatement This charge will be applied where your direct debit instruction has been cancelled and needs to be reinstated. Returned cheques Failure to return signed Credit Agreement within 14 days We will apply this fee to your account and collect it by increasing your monthly payments in the first year of this agreement by an equal proportion of the fee. Payment by credit card 2.5% of the total amount payable (min 5.00). This charge is in addition to the charges stated above. Not charged if you opt to pay the deposit on our direct debit plan by credit card. Instalment charges (where payment is not by Direct Debit) Payment by 2 instalments Payment by 3 instalments Payment by 4 instalments Charge 5% of the premium. 7% of the premium. 9% of the premium. For payment by instalments, a minimum deposit of 25% is required. Applies to annual policies only. Where failure to supply us with proof of no claims bonus results in an additional premium and/or service charges being applied, Swinton may (but accepts no responsibility to) collect the additional amounts via your current payment method. We will give you notice of this. If payment or proof of no claims bonus is not received you authorise us to instruct the insurers to cancel your insurance. Terms of Business - page 2 of 5

3 Who regulates us? Swinton Group Limited is authorised and regulated by the Financial Conduct Authority (FCA). Our Firm Reference Number is Our permitted business is arranging and helping in the administration of general insurance contracts. You can check this on the FCA s Register by visiting the FCA s website or by contacting the FCA on Are we covered by the Financial Services Compensation Scheme? We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme in the unlikely event we cannot meet our obligations to you. This depends on the type of insurance and the circumstances of the claim. Further information about the compensation arrangements is available from the FSCS ( What to do if you have a complaint Step 1 Step 2 Please contact the Branch Manager where you bought the policy. Alternatively, please contact our Customer Assistance Team: In writing to Swinton Group Limited, Swinton House, 6 Great Marlborough Street, Manchester M1 5SW By telephone call or fax Online please see our website and use our customer feedback facility located under Contact Us. We are members of a recognised, independent dispute resolution service. If we have given you our final response and you are still dissatisfied you can refer your case to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. Telephone or fax complaint.info@financial-ombudsman.org.uk Website: Following the above complaints procedure will not affect your legal rights. Please provide your policy details and the address where you bought the policy on all correspondence. If you have a complaint against your insurer, please refer to the policy booklet for details of your insurer s complaint procedure. Treating you fairly We aim to treat you fairly. We consider carefully the products we offer and we select or design them with our customers in mind. We work hard to make sure you re not misled and that the information we provide is clear and understandable. Our complaints process is fair and accessible and we aim to put things right if we ve made a mistake. We want you to be confident and comfortable in your dealings with us. Further important information What you must tell us When you take out, renew or alter any policy, the information you supply to us is the basis on which your cover and premium are agreed. If that information is incorrect, misrepresented or anything changes, please let us know immediately as it could invalidate your policy or result in a claim not being paid. Any changes in information supplied will be accepted from you either verbally or in writing. Remember, you should always tell us about any change immediately please don t wait until your renewal. How you can deal with us If you arrange your insurance through our network of branches or call centres or over the phone with us or via our website, you can deal with us in relation to that insurance either face to face, over the phone or by post. The language we do business in is English. We have a leaflet that sets out our services to customers with disabilities, which is available on request. At Renewal At least 17 days before your renewal we will contact you about your renewal requirements. If we do not manage to contact you or if you don t wish to decide at that time, then we will send you a letter setting out your renewal quote and will ask you to contact us. Also, if you are paying by Direct Debit, Swinton may (but accepts no responsibility to) arrange to renew your policy automatically if, prior to your renewal date, contact between us has not been successful or if you have not confirmed whether or not you wish to proceed. We would do this for your protection. In circumstances where the insurer is unable to offer cover, or instances such as the bank account no longer being active we may be unable to automatically renew your policy. If you do not wish us to take this action, please tell us at any time up to 7 days before your renewal date. If we do not hear from you to the contrary, we will treat it that you agree to this. If you are paying for your policy by Direct Debit, and you are happy with your quote to renew with your current insurer, there will be nothing further for you to arrange. Your Direct Debit payments will continue automatically and your new payments will be debited on your usual collection date. Renewal deposits from direct debit customers Up to one month before your renewal date, we will collect a deposit payment ahead of your new policy commencing. This will be for the same amount as your monthly payment on your current policy. This deposit will be deducted from your next year s renewal cost. If you decide not to renew with us we will refund this payment to you. If you don t want us to take this payment please call us. Please do not treat our taking of this payment as renewal of your policy, it is simply a pre-renewal advance payment. We will hold this money in a statutory trust account in accordance with Financial Conduct Authority (FCA) Client Money Rules until the earlier of a) your renewal premium becoming due or b) you confirming that you do not wish to renew. In the case of a) this amount will then be held by us as agent of the relevant insurer and then used against your renewal premium. In the case of b) this payment will then be refunded to you. Any interest earned in respect of the monies held on your behalf in the statutory trust account will be retained by us. In the event that such interest exceeds 20, then we will seek your consent to this arrangement. If you have a claim We will make available to you free of charge the Accident and Claims Service 24hrs a day, 365 days a year, for motor insurance claims. Through this service we will always be available to give you expert help and assistance when you have a claim. The number to call in the event of a claim - if you re involved in an accident, if you suffer fire, windscreen or other damage to your vehicle or the theft of your vehicle - can be found with your policy information. If you no longer have your information please call your branch for details. If you need to make a claim on any other insurance, please call your branch. They will take your details and guide you through the claims process. If you make a claim under a policy, and then cancel the policy, you must immediately pay the full premium for that policy or any balance of it that is outstanding at that time. We may choose not to enforce this. Terms of Business - page 3 of 5

4 On receipt by us of any cheque or payment from your insurer in respect of any cancellation of or adjustment to your policy, you authorise us to retain this and/or to apply it against payment by you of any money you owe us. Applicable law English law applies to your relationship with us. Similarly, unless you and your insurer agree otherwise, English law applies to your relationship with your insurer and your insurance contract. Payments by Direct Debit Most annual policies can be paid for by Direct Debit via our own Credit Agreement. For full details of the terms and conditions, interest and other charges, please ask. Availability is subject to status. A deposit may be required. Quotations given on request. Where we hold credit or debit card details you have paid with, you irrevocably authorise us to charge to such card any sum due under this agreement which you fail to make on the due date. You will be notified in writing prior to any collection. We will not collect from this card should you notify us of any outstanding claim you have made against us. As we operate our own credit agreement, policies we arrange cannot be paid for via an Insurer s Direct Debit scheme. Other payment methods Should you choose not to pay in full or by Direct Debit, we have a range of flexible payment options. For full details of the terms and conditions and interest charges, please ask. Availability is subject to status. A deposit may be required. Quotations given on request. Available at participating branches. Important: Our right to cancel your insurance If you choose to pay by Direct Debit or any other payment offer, you will be provided with a Consumer Credit Agreement or Instalment Agreement to sign. You are reminded that it is a term of both agreements that you authorise us to instruct the insurers to cancel your insurance if any direct debit or instalment payment, or any other amount due under those agreements, is in arrears and not paid on time. Should any payments be reclaimed by your bank under the Direct Debit Guarantee, the full balance of premium and associated charges will fall due immediately. If this payment is not made you authorise us to instruct the insurers to cancel your insurance. If any credit or debit card payments used to pay for your insurance are reclaimed by the card holders bank the full balance of the premium and associated charges will fall due immediately. If this payment is not made you authorise us to instruct the insurers to cancel your insurance. Swinton Privacy and Data Policy This Privacy and Data Policy deals with how we and others may use your data and contact you. How do we handle your personal information? Protecting your information is important to us. Swinton have security measures in place which are considered appropriate to the nature of the information and the harm that might result from a breach of security. For your protection we will also: not hold more information about you than is required for the purposes for which it is being processed make reasonable endeavours to ensure that any information about you is accurate and kept up to date not keep your information for longer that is necessary or as required by law process your information in accordance with your rights under the Data Protection Act 1998 Recording of Calls Telephone calls with us will be recorded for training and quality purposes. We engage third parties to carry out quality and compliance monitoring on our behalf and customer data including recorded calls is made available to such third parties for this purpose. Cookie policy Cookies work by putting a small bit of information onto the device you are using to access our website. We use cookies for a number of things. If you would like to read about them in more detail please see our Full Cookie Policy on our website where we have listed which cookies we use, and how to remove them from your device. What information do we hold and how do we obtain it? We may receive information about you from any of the following sources: directly from you or your authorised representatives when you or your representative obtains a quote, incepting, renewing or amending a policy or making a claim. This information will consist of the following: - all information, including all personal and sensitive information (sensitive information may include health and previous convictions) that is provided to us when completing an application for a quote for any insurance policy; - details of all previous quotes for insurance requested from us; - details of all policies held with us including dates of purchase, lapse and cancellation; - details of claims on policies held with us; - your payment history relating to policies held with us; and - the length of time you have been a customer with us. from third parties such as credit reference or debt collection agencies (e.g.to confirm your personal data); and from insurers, witnesses, third parties and solicitors (e.g. accident details). What do we use your information for and who do we disclose it to? We will use the information about you for the following purposes: to assess your application or renewal for an insurance quote; to submit your application to either one insurer or our panel of insurers to enable [them/us] to provide you with a quote or multiple quotes as applicable; to assess your financial standing; Terms of Business - page 4 of 5

5 to confirm your identity; to prevent fraud; to verify the information provided; to administer and maintain your insurances; to assist you with claims and enquiries; to maintain your insurance records with insurers; to tell you about other insurance and related products and offers from Swinton and selected third parties (see below); to share with other carefully selected parties for these purposes; to enable us to conduct market research and statistical analysis to help us understand your insurance buying preferences; and to facilitate our quality and compliance monitoring. In addition your information may be disclosed to: the police in response to a request other bodies in response to legislative/court orders. You should also be aware that: We and most of the insurers we deal with have a sharing of information agreement to prevent fraud. Whenever you arrange your insurance through us, this will be on the basis that you agree to your claims information being passed onto the Claim Underwriting Exchange. To help prevent fraudulent claims, we and your insurer exchange information with other insurers through various databases. Also to help detect people who break the law by not having insurance, your insurer will supply details of your motor insurance to a database which can be accessed by the police or other insurers. Credit and Other Searches In assessing your application/renewal and providing you with a quote we and your insurer will carry out the following searches: we will validate your name and address details with a credit and fraud prevention agency who will search public records such as the register of County Court Judgments, the Electoral Register and Bankruptcy records. A record of these searches will not be visible to other lenders when they carry out future credit checks. if you consent, we, or the relevant insurer will search files made available by credit reference agencies. A record of this search will be visible to other lenders when they carry out future credit checks. We, or the relevant insurer may also pass to credit reference agencies information we (or the relevant insurer ) hold about you and your payment record. Credit reference agencies share information with other organisations, enabling applications for financial products to be assessed or to assist the tracing of debtors, or to prevent fraud. The relevant insurer may ask credit reference agencies to provide a credit scoring computation. Credit scoring uses a number of factors to work out risks involved in any application. A score is given to each factor and a total score obtained and this together with other factors would be used to accept or reject any application for credit to the relevant insurer. What are your rights? Under the Data Protection Act 1998 you have certain rights in relation to the information we hold about you: You may request, by writing to the address below and enclosing a cheque for 10 payable to Swinton Group Limited, details of the information that we hold about you. Details will be provided to you within 40 days of us receiving your request and fee. Contact/address details Customer Assistance, Swinton Group Limited, Swinton House, 6 Great Marlborough Street, Manchester, M1 5SW. Contacting you We will contact you to tell you about insurance and related products, offers and discounts from Swinton and from selected third parties, such as motor, home and travel insurance, life cover, and other financial products such as credit, loan and mortgage facilities and protection, investments, savings and home protection products. We may contact you about these from time to time mainly verbally by telephone, or by mail, text, and other reasonable methods, using the telephone and other contact details provided and updated by you and your representatives or which we obtain or update from external sources. This may include telephone numbers which are registered by you or others with the Telephone Preference Service unless you have told us directly that you do not wish to be contacted for this purpose on a particular telephone number. We may also pass this information (except telephone numbers registered with the Telephone Preference Service) to other carefully selected third parties so they can contact you in the same ways. Please let us know if you do not want us to do this. You can change your preference at any time by writing to us. To change your marketing preferences with Swinton, you will need to contact your local branch or write to us. Introducer Arrangements A third party may have introduced you to us and for this the introducer may be paid a fee by Swinton. Similarly, we may, with your consent, introduce you to other third parties, for which the third party may pay a fee to us. We are part of a group We are connected for the purposes of the Insurance Companies Regulations 1994 to Covea Insurance plc, as we have the same parent company. We do, however act totally independently in the day-to-day running of our business and in deciding which insurers to place business with. Wherever we arrange a policy underwritten by Covea Insurance plc we will inform you of this connection before you are committed to buying. Swinton Group Limited, registered in England number , whose registered office is at: Swinton House, 6 Great Marlborough Street, Manchester, M1 5SW is connected for the purposes of the Insurance Companies Regulations 1994 to Covea Insurance plc. Calls are recorded for training and quality purposes. Authorised and regulated by the Financial Conduct Authority. Terms of Business - page 5 of 5