Madison Carter Finance Bridging Loans “Terms & Conditions”
Bridging Loans Broker Terms and Conditions
These Terms and Conditions (“Terms”) govern the relationship between Madison Carter Finance (“Broker”) and its clients (“Client” or “Clients”) seeking bridging loan services. By engaging the services of the Broker, the Client agrees to these Terms. Please read these Terms carefully before proceeding.
1. Broker Services:
1.1 The Broker acts as an intermediary between the Client and potential lenders, facilitating the arrangement of bridging loans.
1.2 The Broker will assess the Client’s financial situation and requirements to match them with suitable lenders and loan products.
1.3 The Broker will provide professional advice and recommendations based on the information provided by the Client.
1.4 The Broker will assist the Client in completing the necessary application forms and documentation required for the bridging loan process.
1.5 Madison Carter Finance has a two-week exclusivity period upon instruction to source a solution for the client. No other parties, such as brokers or lenders, will be engaged during this period.
Confirmation Of Our Advice Areas
Madison Carter Finance advises on Unregulated Bridging Loans contracts and in the event you require an Unregulated Bridging Loan mortgage they have a partner to facilitate such.
Any financial advice we provide will be based on your personal financial circumstances and objectives. It is important that the information you give us is both accurate and a true reflection of your current circumstances.
It is your responsibility to provide complete and accurate information to a provider (a provider being for example, an organisation that provides insurance, mortgage, or investment related plans).
It is important that all statements made on any proposal form, or on any additional documentation are full and accurate.
Please be aware that if you fail to disclose any relevant information, or any change of circumstances to a provider, then the terms of your desired plan may be invalidated (e.g. an insurance claim may not be paid). We strongly recommend that the information you provide is checked thoroughly prior to submission.
Language
Unless agreed by us at outset all communication will be completed in English. We will communicate in a manner that is convenient to you, this could include Face-to-Face meetings, Post, E-mail and by telephone.
Overseas permissions
Bridging Loan Mortgage Advice: All advice will be conducted in the EEA. This means that both you and I could be in any EEA country including the UK at the time advice is given.
VAT
The service we provide is described as an ’intermediation’ service. This means we provide advice with the intention of acting between you and a product provider to arrange a financial product or service. If we did not do this we would be liable for VAT on the fees charged. VAT is not applicable on the fees we charge for intermediation services. In arranging the sale of retail financial products an adviser fee made for advice, even if you decide not to proceed with the purchase of the recommended product, will remain VAT free where the adviser has provided you with full advice services up to that point, including all relevant documentation.
In the event that the advice services we provide become ancillary to our intermediation services, VAT may become chargeable (e.g. we review your entire financial circumstances but make no or limited recommendations).
Should this change in the future, and where VAT becomes due, we will notify you before conducting any further work. In any case, where VAT is payable on our services it will be charged in addition to the agreed fee.
Declaration of Other Interests
Madison Carter Finance has a number of payment arrangements with various product providers to facilitate adviser learning and enhance the outcomes for our customers. Further details are available on request.
To ensure that customer interests are always put first, we operate a robust Conflict of Interest and Inducements Policy. If a potential conflicts of interest does arise it will be actively managed, and we have arrangements in place to ensure that all our clients are treated fairly. If we feel that our interests conflict with yours, you will be contacted and we will obtain your consent to proceed. Our conflict of interest policy is available on request.
Madison Carter Finance has a suitable solution for your needs. If such a situation occurs I will ensure that my recommendation is the best execution of your needs. I will also highlight the potential conflict of interest at the time of making the recommendation.
Addressing Financial Crime
All transactions relating to the services provided by us are covered by The Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017. The FCA also requires that we have appropriate measures in place to prevent the furtherance of financial crime.
Our responsibilities include but are not limited to verifying the identity and address of our clients and any third party making payments on their behalf. If required you must supply proof of your identity in accordance of the above Regulations. Identity verification checks may include electronic searches of the electoral roll and the use of credit reference agencies, which will result in a soft ‘foot-print’ on your credit records.
This foot-print is not visible to other financial service providers and does not affect your credit rating in anyway. In accordance with the Data Protection Act 2018 acceptance of these terms and conditions represents your permission for us to access this information.
The Law that we operate under
All of our agreements provided are governed and construed in accordance with the laws of England and Wales. In relation to any dispute, for your protection you agree to submit to the non- exclusive jurisdiction of the English courts.
2. Client Obligations:
2.1 The Client agrees to provide accurate and complete information to the Broker for the purpose of obtaining a bridging loan.
2.2 The Client must disclose any material facts or changes in circumstances that could affect the loan application or its terms.
2.3 The Client acknowledges that they are responsible for reviewing and understanding the terms of any loan offered by a lender introduced by the Broker.
2.4 The Client shall bear any costs or fees associated with the loan application or the bridging loan process.
3. Lender Selection:
3.1 The Broker will make reasonable efforts to find suitable lenders for the Client, but cannot guarantee loan approval or specific loan terms.
3.2 The Client understands that the final decision on loan approval and terms rests solely with the lender.
3.3 The Broker may receive commission or fees from lenders for successful loan introductions, and this shall not impact the Client’s cost for the service.
3.4 The Broker has a panel of lenders they package up cases for.
4. Confidentiality:
4.1 The Broker agrees to treat all Client information with strict confidentiality and will not disclose any personal or financial data to third parties without the Client’s consent, except as required by law. In accordance with the ico.
On occasion we may share your details with a master broker. You data will be used under the ico guidance and data protection.
The Data Protection Act 2018
The personal information you provide will assist your financial adviser in offering you the best advice as required by the Financial Services and Markets Act 2000. The personal data you provide will be used and stored in accordance with the Data Protection Act 2018 which incorporates the requirements of the General Data Protection Regulation (GDPR) into UK legislation. Before collecting any data from you, you will be issued with a Privacy Notice Document and will be asked to agree to the collecting, storing and use of your Special Category Data.
5. Fees and Payments:
5.1 The Broker may charge fees for its services, which will be communicated to the Client before proceeding with the loan application.
5.2 The Client agrees to pay any agreed-upon fees promptly and as outlined in the fee agreement.
5.3 In the event that the Client decides not to proceed with a loan application after the Broker’s services have been engaged, any applicable fees for services rendered may still be charged. Such as abortive fess.
6. Termination:
6.1 Either party may terminate the engagement by providing written notice to the other party.
6.2 Termination of the engagement shall not affect any accrued rights or liabilities of either party.
7. Limitation of Liability:
7.1 The Broker will act diligently and in good faith, but it shall not be liable for any losses, damages, or costs incurred by the Client or any third party arising from the use of its services, except in cases of negligence or breach of legal obligations.
7.2 The Broker shall not be responsible for any lender’s actions, omissions, or decisions in relation to the loan application or the loan itself.
8. Governing Law:
8.1 These Terms and the relationship between the Client and the Broker shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
9. Amendments:
9.1 The Broker reserves the right to amend these Terms from time to time, and any changes will be communicated to the Client in writing.
By engaging the services of the Broker, the Client agrees to these Terms and Conditions. If you have any questions or concerns, please contact us at Madison Carter Finance.
These ‘Terms of Business’ apply until further notice and must be read in conjunction with the ‘Guide To Our Bridging Loans & Development Finance’. In case of any ambiguity of this document ask one of our staff to confirm the terms.
Either we or you can end these terms at any time, without penalty and this will not affect any outstanding transactions being carried out on your behalf.
Bridging Loans – £1m - £250m
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Steve Coogan MSc, CeMap
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