Terms of Business - April 2019

Our Terms of Business document outlines the services we provide. It's an important document, so please make sure you take time to read it carefully. If there's anything that you're unsure about, don't hesitate to get in touch with your adviser.

Who we are

We are Trussle Lab Ltd, a company registered in England and Wales under company number 09459339. We are an appointed representative of Mortgage Advice Bureau Limited, who are authorised and regulated by the Financial Conduct Authority (FCA). Our head office is 1-3 Dufferin Street, London EC1Y 8NA. You can contact us at this postal address, by email at [email protected] or by phone on number: 020 3884 1660.

Our Services

We offer a range of first charge mortgages that is representative of the whole of the market, but not deals that you can only obtain by going direct to a lender.

We offer full advice and recommendation to you. This means we will:

  • Explain all parts of the mortgage journey to you and the value we'll add to your journey.
  • Get to know you, and understand your needs, preferences and circumstances.
  • Identify your lifestyle and financial expectations over the life of the mortgage.
  • Explore your needs fully and raise any contradictions which we'll discuss to clearly establish your needs and priorities.
  • Advise and recommend products that are appropriate for you based on the above.
  • Assist you with the process to secure your mortgage product
  • Automatically continue to monitor your mortgage to ensure you are on the most appropriate deal for your circumstances based on the information you give us.

Our recommendations will be supported by:

  • An explanation of the implications of the particular mortgage features, both now, in the future and with interest rate movement.
  • An explanation of the costs associated with the mortgage and the impact of adding any of these to the mortgage.
  • An explanation of the next steps and timescales including any administration needed. For example, underwriting / valuation.
  • Advice on how and who you need to contact for help or support throughout the solution lifecycle.
  • A report confirming why the recommendation has been made.
  • Illustrations and other relevant information.

Mortgage Monitoring Service

As part of our service, we'll regularly check your current mortgage deal against other deals on the market to see whether there's another deal available which would better suit your needs. We'll email you periodically to keep you updated on your deal, as well as when we find a more appropriate deal for your needs based on the information you've given us. You'll automatically benefit from this service on completion of your mortgage application with us but can get in touch should you want to stop this service and end your relationship with Trussle[here]. If you choose to end your relationship with us, we'll close your account but may retain certain data required based on our regulatory requirements.

Mortgages we offer

  • We offer a range of first charge mortgages from over 100 different lenders, but not deals that you can only obtain by going direct to a lender_. (If you would like to see a full list of the lenders we have access to, then please ask your adviser)_
  • If we are recommending a Buy to Let mortgage for you, it is important to understand that not all Buy to Let mortgages are regulated by the FCA. We'll confirm to you if any product we are recommending is not regulated.

Alternative options

  • We don’t offer advice on second charge mortgages or loans, Commercial Lending or unsecured lending. If you need these types of loans we’ll refer you to a specialist broker.
  • Where we identify other products and services that could be of interest to you, we’ll make sure you are aware of them.

Insurance & Protection

It’s important to consider insurance and protection when taking out a mortgage. We’ll speak to you about this and give you the option to be referred to a protection specialist for advice. We’ll never pass your information on without your permission.

Your application

We aim to be able to help all our customers, however we may be unable or refuse to proceed with an application if:

  1. your chosen product is no longer available and where an alternative product cannot be sourced/provided;
  2. there has been a pricing or product description error by the lender and where an alternative product cannot be sourced/provided;
  3. your required documentation cannot be verified;
  4. we believe that you are unlikely to be suitable for a mortgage product that we can provide;
  5. your application has been declined by the mortgage provider;
  6. we have reason to believe that information that you have provided to us is inaccurate or misleading;
  7. we have reason to believe that you have made a high volume of applications and/or have repeatedly applied and withdrawn your application in a frivolous manner;
  8. you fail our Anti Money Laundering (AML) and Counter Terrorist Financing (CTF) due diligence processes;
  9. the application appears to be for purposes that do not fit within the scope of our service (including as set out in these terms);
  10. the application appears to be for an address outside of the United Kingdom.

We'll contact you to let you know if we're able to process your application.

By engaging with our team to provide you with our services, you agree that we may act on your behalf in liaising with the mortgage provider and any other third parties involved in the application process. As an intermediary, we never own the products you buy or transact through us. All purchases will therefore be registered in the name(s) of the client(s) and we'll forward to you all documents showing ownership of your purchases, as soon as it is practicable after we receive them. In some cases, the product provider will send the documentation directly to you.

Our authority to act on your behalf in accordance with these Terms of Business can be terminated at any time by either side in writing, without prior notice and without penalty. This will be effective from the date the notification is received. However, if transactions already initiated remain outstanding, the notification will only be effected once these have been completed.

We cannot guarantee that your application will be considered or accepted by a mortgage provider and we'll have no responsibility for ensuring that the mortgage is entered into or fulfilled.

Other than helping you to get a great mortgage deal, we won't be involved in your purchase process. You will be responsible for providing all necessary details of the mortgage product and mortgage provider to your solicitor or conveyancing practitioner.

You may withdraw your mortgage application at any time before your mortgage has been entered by contacting us using the details provided above. Please note any non-refundable lender fees already paid may not be refunded if you cancel an application.

Your duty of disclosure

Any advice provided is based on your personal financial circumstances and objectives. It is important that the information you provide is both accurate and honest, and a true reflection of your circumstances. It is your responsibility to provide information in this way to a provider or organisation that provides products and services recommended for you. Failure to disclose relevant information, or change of circumstances, to a provider may result in your chosen plan or product being invalidated.

We strongly recommend that any information provided is checked thoroughly prior to submission.

Fees and Costs

Trussle does not charge a fee for arranging your mortgage, but you should be aware of the possibility that other taxes or costs relating to the services that we provide for you may exist even though they are not paid through us, or imposed by us as there may be additional costs and charges relating to the mortgage product we recommend.

You will receive a mortgage illustration once we have found the right mortgage deal for you, which will list any fees the lender will charge you, as well as the amount of commission that the lender will pay to Trussle.

A list of commission fees payable by the mortgage lender is available upon request.

We do not offer a refund of mortgage fees.

We do not charge a fee for referring you to a protection specialist. We receive a referral fee from the specialist if you choose to proceed and to use their services. The precise amount paid by the provider will be detailed in their illustration(s) which you'll be provided with.

Who regulates us

Trussle is a trading name of Trussle Lab Ltd which is an Appointed Representative of Mortgage Advice Bureau Limited, Capital House, Pride Place, Derby, Derbyshire DE24 8QR which is authorised and regulated by the Financial Conduct Authority.

  • Trussle Lab Limited’s FCA registration number is 713507
  • Mortgage advice Bureau Limited’s FCA registration number is 455545, and its permitted business is advising and arranging mortgages and general insurance.
  • Mortgage Advice Bureau is authorised and regulated by the FCA in respect of consumer credit activities.You can check this on the FCA’s Register by visiting register.fca.org.uk or by contacting the FCA on 0800 111 6768.

If the mortgage we arrange for you is a regulated mortgage contract, our advice to you, the information we disclose and any mortgage offer you receive is subject to FCA regulation and you will have the full protection of the Financial Services Act 2012 in our dealings with you. Please be aware that most business mortgages, buy-to-let mortgages, loans for timeshare purposes and non-regulated investment accounts (i.e. deposit, or current accounts) do not fall under the Financial Conduct Authority's umbrella of protection.

Addressing Financial Crime

The FCA, as part of our responsibility to ensure the integrity of the UK Financial Services requires us to have adequate systems and controls in place to prevent the furtherance of Financial Crime.

All transactions relating to our services provided are covered by, and adhere to, the Money Laundering regulations and Proceeds of Crime Act.

Our responsibilities include, but are not limited to, verifying the identity and address of our customers. Identity verification checks may include electronic searches through the Electronic Identification Verification Service, electoral roll and use of credit reference agencies.

We'll also require proof of your income and expenditure, and source of any deposit funds to further satisfy these requirements.

Your adviser will confirm what documentation is required.

Are we covered by the Financial Services Compensation Scheme (FSCS)?

We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim.

  • Mortgage advising and arranging is covered for 100% of the claim up to £50,000, so the maximum compensation is £50,000.

Further information about compensation scheme arrangements is available from the Financial Services Compensation Scheme (FSCS).

Data Protection and privacy

We'll hold the personal information provided by you securely and in confidence and we are registered as a data controller on the UK data protection register under registration number ZA124882. Please see our privacy policy for more details on how we collect, use and retain your data. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

By submitting your personal information to us you agree that: information provided by you may be held, processed, disclosed and used by us, our professional advisers and any associated companies servicing our relationship with you; any information which you give us may be disclosed to selected third parties or group companies for the purpose of administration as permitted by law.

Please note that we'll not arrange to involve a third party, unless the security and confidentiality of your personal information is assured.

If we have to contact you we'll do so by telephone, SMS, or by writing to you at the email address or postal address you provided to us in your application and in accordance with our privacy policy.

Internet Privacy Statement and use of our site

We use independent companies to measure and analyse how people use our website. They use cookies to gather and collate information such as the number of pages viewed on the site, the number of visitors and common ways of arriving at or leaving the site. Doing this enables us to keep our content and navigation fresh and useful. For more information, please see our Cookie Policy.

We'll do our best to ensure that the content of our website is accurate and up-to date however we cannot guarantee that our site, or any content on it, will be free from errors or omissions.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain appropriate separate advice (whether provided by us through our mortgage services or through another person) before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

If you are not happy with our service

Trussle Lab Limited is an Appointed Representative of Mortgage Advice Bureau, and you can contact Mortgage Advice Bureau if you have a complaint about your Trusslee adviser or the service you received.

Our number one priority is to provide customers with the highest level of service. However, we know that sometimes things don’t go as planned.

Customer feedback helps us understand where things have gone wrong and gives us the opportunity to put them right,it also helps us to understand where we need to improve our product and services.

  • In writing: Resolutions Department (Complaints), Mortgage Advice Bureau Limited.Capital House, Pride Place, Derby, DE24 8QR.
  • By phone: 01332 200020
  • Email: [email protected]

If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service (FOS).

Further information on the services provided by the FOS can be found on their website financial-ombudsman.org.uk or alternatively:

  • In writing: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR
  • By phone; 0800 023 4567 or 0300 123 9123
  • Email: [email protected]

You can find out more about your rights and what to do if you have a complaint here.

If your complaint is related to how your personal data has been processed and you are not satisfied with the response from us,you have the right to complain to the Information Commissioner’s Office (ICO) who is the regulator for data protection in the United Kingdom.

Intellectual Property

We are the owner of the licensee of and reserve all rights to all intellectual property rights attributable to our site and its contents. This includes copyright works and trademarks, which may or may not be registered.

General

If any provision of these Terms of Business is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected.

These Terms supersede all proposals, prior discussions and representations (whether oral or written) between us relating to our appointment as your agent in connection with the arranging and administration of your mortgage. These Terms constitute an offer by us to act on your behalf in the arranging and administration of your mortgage. In the absence of any specific acceptance communicated to us by you (whether verbal or written) you are deemed to accept our offer to act for you on the basis of these Terms, by conduct, upon your instructing us to arrange, renew or otherwise act for you in connection with the services.

We may assign or transfer this contract or our obligations under it to another entity. This will not affect your rights or our obligations to you under this contract.

These Terms and all our agreements provided are governed and construed in accordance with the laws of England and Wales and you agree that any dispute (including any non-contractual dispute) arising out of your agreement to use our services shall be subject to the exclusive jurisdiction of the English courts. The language in which this contract will be interpreted, and in which all communications will be conducted, will be English. The Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms of Business.

Amendment

We may change these Terms and our site at any time, so please check this page from time to time.

If you are a registered user we'll provide you with reasonable notice of any major changes, and you'll always be able to request copies of our historic terms.