1. Terms & Conditions
Using Our Service
- The service we provide via this Site is assistance to Site users to access finance which may be appropriate for them to use for buying motor vehicles (“Service” or “Car Loans 365 Service” as further defined in clause 5 below). In this respect we act as a service provider. We are not a broker or finance company and do not offer finance ourselves. The responsibility for deciding whether you can afford to contract with a finance option provided to you via our Service rests with you as only you are best placed to determine this.
- The use of the Service is governed by these Terms. In these Terms we may also refer to other policies or terms which also apply to your use of the Site and the Service.
- We will not charge you a fee but we may receive a fee from third parties (such as brokers or lenders) concerning our connecting you with them by your use of the Service (“Fee”).
- If you decide to proceed with any third party provider of finance, you will be required by that third party to enter into another legally binding agreement with separate terms and conditions with that third party. Do not proceed if you do not wish to be bound by those terms and conditions. We are not a part of or party to those third party terms and conditions.
- Your use of the Site and the Service is for you personally and is not available for your commercial use. You are not permitted to use the Site or Service for any illegal, immoral or fraudulent purpose.
- Car Loans 365 and our panel of lenders and service providers will use your personal information including your personal data and data we obtain from other sources to consider your application, including carrying out full credit searches to ensure that the services we offer are tailored to your needs and interests. Potential lenders may contact you by email, telephone, mail, SMS or other electronic messaging service with offers of products or services that may be of interest to you.
- We are the owner or the licensee of all trade marks, and all other marks, trade names, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights (“IP Rights”) which appear on our Site and in the material published on it. You may use these rights and the material solely for the purpose of using our Site in accordance with these Terms. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Site in any way except for your own personal, non-commercial use.
Linking to our site
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with applicable local, national or international law, regulation and good industry practice.
- In the Terms, save where the context requires otherwise, the following words and expressions have the following meaning:“Account” means the Client’s account on the Car Loans 365 website;“Agreement” means the agreement between the Client and us comprising the Application and the Terms;“Application” means the application form filled in and submitted electronically at [Here];“Client” means the person identified in the Application;“Client Data” means the content and data provided to us by or for the Client as a result of completing the Application, or using the Site;“Confidential Information” means information which is identified as confidential or proprietary by either party or by the nature of which is clearly confidential or proprietary;“Car Loans 365 Service” means that the service we provide to Clients via the Site whereby we circulate the information which the Client provides to us to brokers, lenders and any other agencies we think may be able to help the Client with vehicle financing.
Client’s Promises to Us
- Has the right to enter into an Agreement with us;
- is over the age of 18 years;
- will have only one Account with us;
- will create and use a username which will not be offensive, nor will it suggest that the Client is someone else or that the Client represents a trade or brand name (and in connection with this understands and agrees that we have the right to insist that the Client changes a username if we reasonably require);
- won’t use robots, spiders, scrapers or similar things on our Site;
- won’t try to get around any things we put on the Site to stop or limit access to parts of it;
- won’t do anything that might cause our systems to crash;
- won’t steal the Site or any part of it for use in any other site or application;
- won’t breach our IP Rights, nor copy imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property which we own;
- won’t attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site or Service in any form or media or by any means;
- will only provide us with information which is true and accurate.
IMPORTANT INFORMATION TO NOTE — DISCLAIMERS AND EXCLUSIONS OF LIABILITY
- We do not guarantee that any loans or other products or services offered to you through the Site or by using the Service will meet your requirements. In connection with loans, we help you to find a loan from a lender on our panel of lenders based on the information you provide us in the Application. If you provide us with information which is incorrect or incomplete we cannot be held responsible for any complaints or claims from you arising in connection with this. the decision as to whether you wish to proceed with finance offered by any third party by using the Service is yours. If you have any doubts or queries as to whether you should proceed, do not do so before taking professional advice.
- We do not warrant that your access to the Site will be uninterrupted, unrestricted, timely, secure and error-free, or that the Site and the server are free of computer viruses or other harmful applications. If a fault occurs in the Service you should report it to us and we will attempt to correct the fault as soon as we reasonably can.
- We may suspend, restrict or terminate your access to the Site at any time.
- To the fullest extent allowed by applicable law we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and which are not expressly set out in these Terms, and the Site is provided “as is”.
- We do not accept any liability for either:
- any loss of income or revenue, loss of business or loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise even if foreseeable; or
- any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise, even if foreseeable.
- Our maximum liability to you, however arising in connection with your use of the Site or the Service or otherwise will not exceed the sum of £100 (this figure taking into account the fact that we do not charge you for our services).
- You agree to indemnify us and keep us indemnified from and against all losses, liabilities, costs (including legal costs) and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements or sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
- Any breach by you of any of these Terms and Conditions; or
- Any contract or arrangement between you and a third party which is formed directly or indirectly through use of the Site or the Service.
- We do not represent that the Site, the material on the Site or the Service is appropriate or available for use outside the United Kingdom. If you choose to access the Site from any location outside the United Kingdom, you do so at your own risk and it is your responsibility to ensure compliance with all foreign and local laws and requirements.
- We will not be liable or responsible for the return of any deposits or other amounts left with or paid to any third party (specifically car dealers) in connection with any loans or other products or services offered to you through the Site or by using the Service. Your sole recourse in respect of any action for the return of any such amounts due to you in this respect will be against the relevant third party and all liability of us, our officers, employees, agents and subcontractors (howsoever arising) is excluded to the fullest extent permitted by law.
LAW AND JURISDICTION
- The Agreement, the Service and your use of the Site shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English courts.
- If you have any concern or complaint about our Site or the Service please raise it with us by using our Complaints Procedure which can be accessed [here].
a. The purpose of this policy is to outline how we use your data, how it’s protected, how long it’s stored for and more.
b. As a vehicle finance broker, the main purpose of us obtaining your information is to try to obtain you an acceptance with one of our lenders.
c. If at any time, you have any questions regarding how we use your information or this policy, please use the below details to contact us –
- Telephone: 0161 4103 365
- Email: firstname.lastname@example.org
- Address: Carloans365, McLaren House,Talbot Road, Old Trafford,M32 0FP
d. Please note that for the purpose of holding personal data, we are registered with the Information Commissioners Office, registered number – ZA519190.
2. Why do we collect and use your personal data?
a. We collect and use your personal information in order for us to provide you with vehicle finance via our application form.
b. The lawful basis of which we use your information is consent, we will not process your information without your explicit consent.
d. We kindly ask that if you do not want us, or do not consent to us using your information, you do not submit an application to us.
e. The information we collect can be some or all of the following –
- Date of Birth
- Residential Information
- Employment and Income Information
- Marital Status
- Vehicle Information
- Bank Details
- Marketing Preferences
- IP Information
f. We will never request sensitive information, or information that we do not require from yourself.
3. What happens if I do not provide my personal information?
a. We need your personal information to process your request or finance application. If we do not collect your personal information, we will not be able to provide our services to you.
b. We will use your personal information to send you marketing communications by email about similar products and services that you may be interested in.
c. Please note that we will not send you marketing information with your consent.
d. You have the right to object to receiving marketing communication and we will give you an easy way to unsubscribe from receiving any marketing communication from us.
4. Who will we share your personal information with?
a.We will share your information with the lenders with whom we work with in order to assist you gain an acceptance, these include the below –
- Advantage Finance – Advantage Finance | Use Of Your Data (advantage-finance.co.uk)
- Specialist Motor Finance – Privacy notice – Specialist Motor Finance (smfmotor.com)
- Paragon Finance – Privacy Statement | Paragon Bank
c. Please also note that in order to complete your finance agreement, we will require some information from the supplying dealership.
d. In order for them to raise the necessary paperwork, we will need to send them your name, address and contact number. We may also liaise with them regarding any future after sales issues where required.
e. If required, we will also share your information with 3rd parties for accounting, legal or regulatory purposes.
f. Please note we as a company do not share your data outside of any EEA state. We ask you to ensure you are aware of how the above companies share and use your date so you are fully aware.
5. How long will we store your personal information?
a. We will store your personal information for up to six years on our CRM systems. We are committed to ensuring your data is kept secure so review our security systems on a regular basis.
b. This is to enable us to refer to our records should we be required to for the purpose of regulatory or lawful reasons.
c. If you do not object to receiving marketing communications from us, we will store your personal information for marketing purposes until you unsubscribe from receiving marketing communications from us.
d. Please note that some of your information may be included in information used for accounting purposes. Where this is the case this information is kept for 7 years as per our legal requirements.
6. What are your rights to your personal information?
Right to access
You have the right to request copies of the personal information we hold about you at any time.
Right to rectification
You have the right to request that we correct any inaccurate personal information we hold about you.
Right to erasure
You have the right to request that we delete your personal information from our records.
Please note that we will not be able to delete your personal information whilst we are still providing our services to you. We will be able to delete your
personal information once you cancel the service or once the service is completed, if we are able to do so while still abiding by law.
Right to restrict processing
You have the right to request that we restrict how we use your personal information.
Right to object
You have the right to object to the collection and use of your personal information at any time.
Right to data portability
You have the right to obtain a copy of your personal information in a legible and compatible
format such as Excel or Word.
Right to be informed
You have the right to be fully informed regarding your information throughout our whole journey
Rights in relation to automated decision making and profiling.
If a decision has been made electronically, you have the right to contest this decision.
7. How can I exercise my rights in relation to my personal information?
a. You can exercise all of your rights by contacting us on any of the above contact details.
b. If you wish to withdraw your consent for processing or marketing, please also use these contact details to inform us as soon as possible.
8. How do I lodge a complaint about the use of my personal information?
a. You can lodge a complaint with us directly by contacting us on one of the above contact details.
b. You also have the right to lodge a complaint directly with the Information Commissioner’s Office (ICO).
c. The ICO is the regulator who makes sure that we use your personal information in a lawful way.
d. You can lodge a complaint with the ICO by following this link https://ico.org.uk/concerns/ or calling the ICO on 0303 123 1113
Definitions and Interpretation
“Cookie” means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);
“personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined EU Regulation 2016/679 General Data Protection Regulation (“GDPR”)
- By using Our Site, you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than us. Third party Cookies are used on Our Site for analytics service.
Consent and Control
- Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
4. Treating Customers Fairly Policy
- At all times, Jamie Taylor will ensure all practices are carried out with the customers best interests central to the work carried out.
- Customers will be given honest, transparent information to allow them to make an informed decision.
- Any possible employees or contractors of ours are expected to abide by the terms stated within this policy.
- The aim of FCA’s Treating Customers Fairly (TCF) initiative is to ensure that firms meet the requirements of Principle 6 to “pay due regard to the interests of its customers and treat them fairly”.
- What constitutes fairness is evidenced differently for each firm, depending on their type of business, product and service range, target customers and the channels used to sell and support their products and services.
- Below will detail the processes the business carries out in order to Treat Customers Fairly at every stage of the journey.
- In order to assist businesses with TCF, the FCA has listed 6 consumer outcomes in which it expects businesses to act to-
- Consumers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture.
- Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.
- Consumers are provided with clear information and are kept appropriately informed before, during, and after the point of sale.
- Where consumers receive advice, the advice is suitable and takes account of their circumstances.
- Consumers are provided with products that perform as firms have led them to expect, and the associated service is both of an acceptable standard and also as they have been led to expect.
- Consumers do not face unreasonable post-sale barriers imposed by firms to change product, switch provider, submit a claim or make a complaint.
a. Income and Expenditure evaluation and other proofs of identity
- We will validate income information with the consumer to ensure our partners will have the information to calculate a sensible max lend the customer can afford.
- We will question the customer on a budget so the information goes over to the partner, meaning they can work on a max lend that meets the customers’ expectations.
- If any new income information comes to light such as a change in circumstance or incorrect information, this will be passed on immediately.
- Where required we will obtain the correct proofs needed from the lender, ensuring they are true copies and accurate.
- Valid Photo ID will be required on every deal, this has to be in the form of a Valid Driving Licence or Passport. If this cannot be obtained, both Jamie Taylor has the right to request further proof of identity and complete further checks.
- All communication templates and scripts will be reviewed for compliance purposes.
- Jamie Taylor will be involved in subsequent disclosures involving our products and services.
- We continually invite feedback from our clients to ensure that our services meet their needs and expectations.
- Any phone conversations will be done from documented scripts evaluated for compliance purposes to ensure we are gaining all information and confirming details with the customer.
- A full audit and monitoring process is in place to ensure compliance from our team and all communication is informative, honest and transparent.
- Currently we have 15 employees in the company, all of which have had a full training programme put into place to ensure competence and compliance.
- TCF training is done upon induction and at least annually.
- Jamie Taylor will ensure he remains knowledgeable and competent by carrying out compliance training such as SAF and additional compliance materials.
- We will establish training materials for staff explaining new products and services as and when is necessary.
- On at least a monthly basis we review and discuss compliance with a focus on TCF outcomes.
- Compliance will be monitored on a weekly basis, with a compliance monitoring filled in.
- Jamie Taylor will be accountable for ensuring the business follows all regulation and lawful requirements.
All complaints will be logged on a complaint log but will also be documented on our compliance monitoring plan to evaluate for any patterns.
In the event the complaint is against Jamie Taylor, it can be outsourced to our compliance consultant for a third-party outlook to attempt to resolve the issue.
Complaints will be reviewed to establish any patterns with potential dealers or lenders.
All marketing will be clear, fair and not misleading.
All representatives will be kept accurate and up to date to ensure consumers expectations are managed.
All financial promotions will be reviewed to ensure compliance with CONC 3.
Recommendations will be taken into consideration when looking at marketing and put into place if required.
- At no time do we have an influence on the rate the customer receives.
- Customers will be made aware that in order for introducing their details to finance partners, we may receive a commission.
- Any staff commission will be implemented to cause no detriment to the customer.
Rates will be reviewed to ensure staff are providing customers with the best rates regardless of commission received.
At no time do we have influence on the rate provided to the customer.
4. Monitoring and Compliance
- It is extremely important that processes are monitored for compliance.
- Consumer applications will be monitored by our systems.
- All communications and records will be kept on our systems.
- This policy will be reviewed on at least an annual basis.
- Any updates will be reissued on this policy.
- All policy changes are approved by directors.
By signing the below you can confirm you have fully read the above policy, been provided the opportunity to answer any questions and understand your
responsibilities. At all times you will abide by the terms set out within this document and understand that disciplinary consequences will take place if this is found
not to be the case.
5. Complaints Policy and Procedure v1.1
a. This document represents our policy towards complaints, how a consumer can make them and how as a company we handle them.
b. We take our responsibilities seriously, in addition to the legal and regulatory requirements we have as a financial firm.
c. We are committed to ensuring the fair treatment of our consumers and ensuring they face no post sale barriers with our service.
a. As per FCA material, they define a complaint as the following –
‘Any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a
financial service, claims management service or a redress determination, which alleges that the complainant has suffered (or may suffer) financial loss,
material distress or material inconvenience.’
3. Internal Procedure
Our aim is always to provide an exceptionally high level of service to all of our customers. Where customers are unsatisfied, it’s important to us that this is dealt
with objectively, fairly and as quickly as we are able to.
The following procedure explains how we deal with complaints, our commitments to you and what action to take if you think your complaint has not been resolved
to your satisfaction.
If you have a complaint about any aspect of our service, then we would like to hear from you. Please use the below details to let us know –
T: 0161 4103 365
We kindly ask, so we can look into your complaint as quickly as possible, you include as much detail as you can, however if we are missing anything we will be in
touch. We aim to come back to you to acknowledge your complaint within 48 hours.
If we are able to investigate and resolve your complaint within 3 days, you will receive a summary resolution response from ourselves, which will detail our
outcome and findings.
In the event our investigations take longer than 3 days, we will issue you a Final Response within the 8-week timescale. Whilst we try to close any complaint before
this 8-week time frame, we do need to make you aware we do have this time. Our final response will include detailed information of your complaint, our
investigation and the resolution we have come to.
If you are not satisfied with our Final Response or the handling of your complaint within the 8-week time frame, you can contact the Financial Ombudsman service
using the details below. You must do this within six months of our final response.
T: 0800 023 4567
P: Exchange Tower, Harbour Exchange, London, E14 9SR
4. Processes and Responsibilities
a. Record Keeping
i. To ensure that we handle our complaints efficiently and effectively, any correspondence or notes from phone communication will be documented on
our Autoconvert system.
ii. This will allow the complaints handler to review the whole complaint and refer back to any point in the investigation if they are required to do so.
iii. Any documentation received regarding the complaint will also be uploaded to the application.
iv. All records of complaints will be kept as per our retention periods, only employees that require access to customer complaint notes will be granted this
i. Staff will receive complaints training within their initial induction and at least once a year.
ii. Training will ensure our team understands the processes that we have in place and the regulatory importance of following these processes.
iii. At any time, staff have the opportunity to request further training on any aspect of our business.
i. As a company, we ensure that we follow all regulatory guidelines, including treating customers fairly.
ii. When it comes to complaints, we guarantee that our customers will not face any post sale barriers.
iii. Our staff are aware that they need to assist customers as much as possible when they wish to make a complaint, and they should not receive any
iv. Customers will have their expectations managed, and staff will explain the complaints process so a customer can understand the next steps.
v. If a customer makes a complaint about a specific member of the team, that employee will not have any involvement in handling the customers
complaint. We do have the ability to liaise with our compliance consultant if this is the case.
vi. We will ensure that our complaints procedure is in a clear location so our consumers can access with ease.
d. Point of Contact
i. Complaints will currently be handled by Jamie Taylor.
ii. We will request an email or detailed description over the phone to handle the complaint further. He will then liaise with the customer and
lender/dealer as required and issue a final response letter or summary resolution.
e. SQ vs. Complaint
i. It is important that we can differentiate between a complaint and an SQ issue.
ii. Whilst they are different, we do adopt the same principles, and try to assist our consumers rectify any issues they have with their vehicle.
iii. We provide this service as an extension to our offerings in the hope we can make the consumer’s journey as easy as possible.
iv. We will assist liaising with the dealer/lender if necessary, to try to come to an arrangement to provide our consumer with the vehicle they desire.
v. All SQ’s will be documented on our complaints log (which is kept on our shared drive in the management folder) for management information
purposes, which assists in providing additional information on broker/dealerships and their service/business activities.
5. Monitoring and Compliance
a. It is extremely important that this policy is complied with to protect our consumers
b. As a company we will ensure that we keep up to date with regulatory and legal requirements, and that our processes and policies are updated accordingly to meet this regulation.
c. Jamie Taylor will be responsible for documenting any complaints within the log and our compliance monitoring plan.
d. They will conduct root cause analysis on our complaints to identify any patterns that may potentially form, therefore limiting risk to our consumers.
e. All complaint information will be reported within our GABRIEL.
a. This policy will be reviewed on at least an annual basis.
b. Any updates will be reissued on this policy.
c. All policy changes are approved by directors.
By signing the below you can confirm you have fully read the above policy, been provided the opportunity to answer any questions and understand your
responsibilities. At all times you will abide by the terms set out within this document and understand that disciplinary consequences will take place if this is found
not to be the case.
6. Terms of Business
1. Who are we?
a. Car Loans 365 are an experienced Motor Finance Broker based in the North West of the UK.
b. Our friendly team are on hand to support you within this journey and are on hand to answer any questions you may have.
c. Our aim is to provide you with the best service and to try to obtain the best financial acceptance to fit your circumstance. We work with a panel of lenders in order to help you obtain an acceptance.
d. Treating Customers Fairly (TCF) is a core part of our culture and we are committed to ensuring you receive a product suitable for your needs and circumstance.
2. Contact us
a. Should you have any questions prior to making an application, or have any queries during or after your application has been made, you can contact us on the following information
E: EMAIL – email@example.com
T: NUMBER – 0161 4103 365
P: ADDRESS – MacLaren House, Talbot Road, Old Trafford, M32 0FP
a. Car Loans 365 is a trading style of HT Finance Ltd.
b. HT Finance Ltd is a firm registered within England and Wales, company number 11481948.
c. We are authorised and regulated by the Financial Conduct Authority (‘FCA’), under FRN 821383.
d. We act as a credit broker, not a lender.
e. You will not be charged a fee for using our services; however, we must inform you that we may receive a commission payment from the lender we introduce your information too.
This will not impact any rate you are offered.
f. We will never provide you with a recommendation
4. Finance Options
a. In order to assist you with obtaining vehicle finance, your details will be passed over to lenders with whom we work with.
b. Our lending panel, in order to assess your credit worthiness, will check your information with credit reference agencies, and potentially fraud prevention agencies.
c. They will also use the information that you have provided us to assist them in assessing your current status and affordability.
d. Please note that we cannot guarantee an acceptance and all potential finance is subject to terms and status.
e. Before entering into any agreement, you should ensure you have fully read and understood the agreement you are considering entering into.
f. We encourage you to take the time to read through any documentation provided, and please do ask any questions you may have.
a. It is extremely important that you look into finance options that are suitable for your current (and potential future) financial situation.
b. Our team will go over all your details to ensure we have the correct information to pass onto our lenders, who will then try to verify the information. However, please note that evidence of your income may be requested.
c. If you are aware or suspect that your financial position will change in the future, you must inform us.
d. Your credit rating could be adversely affected if you do not make payments when due.
a. If you wish to make a complaint, please do contact us using the contact information above.
b. For full information on how we handle complaints, please see our complaints procedure Legal Disclaimers – Carloans365.
7. Your Information
a. In order to process your application, you will need to provide us with some of your personal information. We pride ourselves on handling your information in the most secure and
professional way we can.
b. Your data will not be processed without your explicit consent for us to do so, therefore if you do not wish for your application to be processed, we kindly ask that this is not
c. As mentioned above, your information will be passed over to our lender network in order to try to obtain you a finance acceptance. Whilst we have assessed the lenders we work
e. Our ICO number is ZA519190.
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