Terms and Conditions

Personal Loan - Business Terms & Conditions
These terms and conditions explain our services to you as our client and your obligations to us (Marconi Financial Services Ltd). These terms and conditions will take precedence over any other documents, conversations or course of dealings and represent the understanding between you and us. They can only be varied by a director of Marconi Financial Services Limited. You need to read these terms carefully since they apply as soon as we send them to you

Services
We provide a variety of services by phone, internet, mail and other means. These may include acting as a loan and finance broker; insurance introducer; debt management advisers; Payment Protection reclaim and other services we may introduce. We are not responsible for tax or legal advice regarding the services and you must rely on your own expert advisers in those fields. By asking us to provide you with services you authorise us and any associate companies to act on your behalf.

When you ask us, orally or in writing, to provide you with a service, you agree to abide by these terms. We acknowledge your instructions expressly or by acting upon them. You can only withdraw or vary your instructions with our consent. We treat you as our Client. We accept no liability or obligation to any third party whether or not you may be acting as their agent, fiduciary or intermediary. Even if you disclose their identity to us and you are acting in such a capacity, your obligations to us remain unaffected. We are entitled to act on any oral or written instructions we receive from you or anyone we believe is authorised by you to give them.

Restrictions
When acting as a loan or finance broker we seek to get a lender or financier to offer you a loan or finance. We act as your broker for 3 months in order to maximise your chances of getting a lender or financier to make you a loan or finance offer. We seek to match your loan or finance application with one or more of the lenders or financiers we deal with. We do not act on behalf of the lenders or financiers or represent them. For your protection we require the documentation covering any loan or finance agreement to meet statutory and regulatory safeguards laid down by the Consumer Credit Acts 1974 and 2006. If you would like to know more about the protections and remedies provided under those Acts please contact your local Trading Standards Department or The Citizens Advice Bureau.

We do not offer loans or finance. The lenders or financiers decide whether to approve loan or finance applications, how much to lend or finance, at what interest rate, on which terms and on what evidence of ability to repay. Where we give quote verbal examples they are only for guidance. We do not warrant that examples are the actual rates and amounts because the lenders or financiers decide whether to give approval for any loan or finance and on what terms according to your specific circumstances.

Communication
Unless you inform us differently, you agree to us using telephone, email, SMS, fax and/or post to contact you to discuss products and services without having first been expressly invited to do so. This will override any registrations you may have with any preference services. To communicate in writing we may use the last postal address you give us. Please note that to improve our service we can monitor and record any telephone conversations with you for security, training and evidential purposes.

Checks
In trying to get You a loan or finance, make decisions about them, manage your accounts, premiums, debts or provide any other services, we or associate companies (including lenders and financiers) may use credit scoring or other automated systems to assess your application, make decisions and verify your identity. These systems include searching your records with credit reference agencies, employers, fraud and money laundering prevention agencies and the electoral register as well as providing them with information. These agencies can add your details to their records for other organisations to do searches. Where there are joint clients, both records are processed by the agencies and a link between you can be created.

To help our fraud prevention and data protection strategy, you agree to us and our associate companies, credit reference agencies and selected third parties processing and using personal data (whether provided electronically, in writing or orally) you give us. You agree to us using the data to advise you of other products and services unless you notify us to the contrary. The information you give us must be true and accurate. You warrant and undertake to comply with legal and regulatory disclosure requirements so that we can comply with our obligations. If you provide us with false or inaccurate information and/or us suspect fraud we may notify agencies which would have a detrimental impact on your credit records. In the event that you provide us with inaccurate or misleading information, we reserve the right to reclaim any losses incurred by us in performing the service to you.

If you authorise anyone else to give us instructions, any action we take on their instructions will be binding on you. If there are joint applicants each has authority to deal with us for the other. Notice to one is notice to both. We can require joint instructions. If instructions from different joint applicants are inconsistent, we can choose to take no action until we receive satisfactory instructions. To withdraw any authority you must notify us in writing. Any such requests must be made to Customer Service Department, Marconi Financial Services Ltd, 2B Union House, 117 High Street, Billericay, Essex, CM12 9AH.

Exclusions
We shall not be liable for any breach of obligation to you by any bank, counterparty, intermediary or other third party with whom you do business. You will be liable for any loss you suffer as a consequence of you providing inaccurate information. If there is any partial non-performance of our obligations, provided we have made reasonable endeavours to perform them you must give us full credit for doing so. We will incur no liability for any loss arising from non-performance by us which is caused by something beyond our reasonable control including changes in the law or regulations affecting how we normally operate.

In the event that any of these terms (each of which is severable) is for any reason illegal, invalid or unenforceable, such provision is to be deemed modified sufficiently to render it enforceable, legal and valid and of similar effect as we intended. Apart from provisions expressly covering associate companies, nothing in these terms is enforceable by anyone who is not a party to them.

Complaints
We operate a complaints procedure. If you wish to make a formal complaint, please send your complaint in writing to the following address: Customer Service Department, Marconi Financial Services Ltd, 2B Union House, 117 High Street, Billericay, Essex, CM12 9AH. We will issue our final response to you within 8 weeks of us receiving your complaint.

Marconi Privacy Policy
The Data Protection Act requires companies and individuals who process and retain information about their customers to tell the customer how the information will be used and to what purposes it will be put. The Act does not restrict itself only to information kept on a computer; it is relevant to any ordered filing system. This policy describes how Marconi Financial Services Limited will process personal data relating to customers. We will not use your personal data in any other way without first informing you.

Collection of data
We will collect information which you provide to us when you enquire about or apply for finance, which includes information gained from either or both stages of the Marconi application form. This may include certain sensitive personal data.
If your application or enquiry relates to;
-a second legal charge or unsecured loan, Marconi Financial Services Ltd will be primarily responsible for the data which we hold about you; or
-a first legal charge, Marconi Financial Services Ltd will be primarily responsible for the data which we hold about you.

We may also collect data about you from our searches at credit reference agencies (see below)

Use of data
We will use your personal data to;
We may disclose your personal information to; We may keep your information for several years. You can ask for the information not to be used to offer you other products. We have a duty to keep the personal information which we hold about you up to date and accurate and secure from misuse or accidental loss or damage.
NOTE - CREDIT REFERENCE SEARCHES AND FINANCIAL LINKS
Please note that searches at credit reference agencies will be shown in any other searches which are made in connection with applications made by you and/or other members of your household. The disclosure of multiple searches may adversely affect your credit profile and may make credit harder for you to obtain.
Information held about you by a credit reference agency may already be linked to records relating to another person, for example your spouse, and for the purpose of your loan application you will be treated as financially linked. Your loan application will be assessed with reference to all linked records.
If you have confirmed you are linked financially with another person, you are declaring that you are entitled to (a) disclose information about that person and/or anyone else referred to by you and (b) that you authorise us and any lender involved in the application to search, link and/or record information at credit reference agencies about you and /or anyone else referred to by you.

The names and addresses of the main credit reference agencies are shown in the ‘credit references agencies ‘ section. We may use one or more of these agencies. Information about which credit reference agency was used will be made freely available.
Lending Companies
All lending companies have their own individual privacy policies and customers should refer to these in respect of how they will use personal data.
Credit Reference Agencies
(The agencies do not keep ‘’blacklists’’ nor do they give any opinion about whether or not credit should be granted.)
The main credit reference agencies are:

Experian Limited,
Consumer Help Service,
PO Box 8000,
Nottingham,
NG1 5GX

Equifax Plc,
Credit File Advice Service,
PO Box 1140,
Bradford,
BD1 5US

Credit reference agencies keep a wide range of information. This includes information from the electoral roll (sometimes known as the voters roll) and records of most county court judgements and bankruptcies. They also retain information relating to previous and existing credit and a record of searches made against the file. The lenders share information through the agencies providing a history of how punctually payments are being made or have been made. Loan information is usually held on file for 6 years. Details of the voters roll may be held for much longer. Information about credit searches is kept for up to two years.

Other Agencies
CIFAS
Reports from CIFAS relating to fraud and fraud avoidance are also available to most lenders - these contain information indicating that fraud, or attempted fraud, has been notified by a lender. The information might not directly relate to you, it might relate to someone who has tried to impersonate you. Data available to members of CIFAS, may also be used to help make decisions on motor, household, credit, life and other insurance proposals for you and members of your household.

CML Repossession Register
The Council of Mortgage Lenders, Repossession Register is available through the main credit reference agencies. If you have had a property repossessed or have given it up voluntarily this will show on the register.

GAIN
A file may also show a "gone away" marker indicating that a member of the "Gone Away Information Network" has reported that they cannot trace a customer who is in arrears with payments. Alternatively, the marker may indicate a new address which the "gone away" has been traced to.

HUNTER
Files in this register contain detailed information on applications made and loans given. It is aimed at tracing fraudsters who use different combinations of information to obtain credit dishonestly. It checks and counter checks information given on application forms. If we use any of the above agencies they will be able to confirm their contact addresses. CIFAS information is intended to warn lenders and act as a protection for innocent customers.

Access to your data.
You are able to see what information we hold about you. You can ask us for a copy at anytime. We will also tell you where the information was obtained. You will need to write and we may charge a small fee (£10 maximum). We will reply within 40 days from receipt of your fee. If you wish to see the information contained on a credit reference agency file you can do so by writing to the relevant agency. The agency must respond within 7 working days. There is a small fee of £2 required. If your credit reference file contains information about other people with whom you have no financial connection or if it contains information which is incorrect you can ask for the entry to be corrected, removed, or have a note put on the file explaining why you think the information is wrong. The agency will not remove correct information. The Information Commissioner provides a useful leaflet which explains how to request changes to your credit reference file. The easy to read leaflet includes examples of letters and details of various actions you may take to amend a file. You can obtain a copy of the free leaflet by writing to:

No Credit Leaflet,
P.O. Box 99,
Nelson,
BB9 8GS

Information is also available at www.dataprotection.gov.uk
Should you wish to obtain a copy of the personal data we hold on you please write to the Compliance Officer, Marconi Financial Services Ltd, 2B Union House, 117 High Street, Billericay, Essex, CM12 9AH, enclosing your payment of £10 for our administration costs. As soon as we are satisfied as to your identity we will send you, within 40 days, a copy of all the data we hold concerning you. Please contact us at the same address if you have any reason to believe the data we hold on you is inaccurate.