Income and Expenditure Form | Debt Counselling Adjusting and Credit Information Services | Distance Marketing | Mortgage Conduct of Business MCOB | Template for FCA Applications and Authorised Firms

← Return to the Table of Content for all MCOB pages

Income & Expenditure Form

[Insert location/hyperlink to external location of this document]

[We have included a template for this document in 02_Manual_Supporting_Docs]

21.7 Debt Counselling, Adjusting and Credit Information Services

[If you do not undertake any regulated Debt Counselling, Adjusting and Credit Information Services activities, delete this section].

The company always ensures that a customer has been made aware of how their personal data is used once collected and we confirm that all personal data is handled and used in accordance with the Data Protection Laws.

The company confirms that we do not employ any unfair business practices and always employ a customer approach that is fair, open and honest.

21.8 Distance Marketing

The company confirms that it understands and complies with the Distance Marketing Directive and all provisions made within the Directive, including compliance with the below disclosure rules as set out in section CONC 2.7 of the FCA Handbook and detailed below: –

Information about the firm

• The name and the main business of the firm, the geographical address at which it is established and any other geographical address relevant for the consumer’s relations with the firm
• Where the firm has a representative established in the consumer’s EEA State of residence, the name of that representative and the geographical address relevant for the consumer’s relations with that representative
• Where the consumer’s dealings are with any professional other than the firm, the identity of that professional, the capacity in which he is acting with respect to the consumer, and the geographical address relevant to the consumer’s relations with that professional
• The particulars of the public register in which the firm is entered, its registration number in that register and the particulars of the relevant supervisory authority, including an appropriate statutory status disclosure statement (GEN 4), a statement that the firm is on the Financial Services Register and its firm reference number

Information about the financial service

• A description of the main characteristics of the service the firm will provide
• The total price to be paid by the consumer to the firm for the financial service, including all related fees, charges and expenses, and all taxes paid through the firm or, where an exact price cannot be indicated, the basis for the calculation of the price enabling the consumer to verify it
• Where relevant, notice indicating that the service is related to instruments involving special risks related to their specific features or the operations to be executed, or whose price depends on fluctuations in the financial markets outside the firm’s control and that past performance is no indicator of future performance
• Notice of the possibility that other taxes or costs may exist that are not paid via the firm or imposed by it
• Any limitations on the period for which the information provided is valid, including a clear explanation as to how long the firm’s offer applies as it stands
• The arrangements for payment and performance
• Details of any specific additional cost to the consumer for using a means of distance communication

Information about the contract

• The existence or absence of any right to cancel under section 66A or 67 of the CCA or the cancellation rules in CONC 11.1 and, where there is such a right, its duration and the conditions for exercising it, including information on the amount which the consumer may be required to pay (or which may not be returned to the consumer) in accordance with those provisions or1 rules, as well as the consequences of not exercising the right to cancel
• The minimum duration of the contract, in the case of services to be performed permanently or recurrently
• Information on any rights the parties may have to terminate the contract early or unilaterally under its terms, including any penalties imposed by the contract in such cases
• Practical instructions for exercising any right to cancel, including the address to which any cancellation notice should be sent
• The EEA State or States whose laws are taken by the firm as a basis for the establishment of relations with the consumer prior to the conclusion of the contract
• Any contractual clause on the law applicable to the contract or on the competent court, or both.
• In which language, or languages, the contractual terms and conditions and the other information in this Annex will be supplied and in which language, or languages, the firm, with the agreement of the consumer, undertakes to communicate during the duration of the contract

Information about redress

• How to complain to the firm, whether complaints may subsequently be referred to the Financial Ombudsman Service and, if so, the methods for having access to that body, together with equivalent information about any other applicable named complaints scheme
• Whether compensation may be available from the compensation scheme, or any other named compensation scheme, if the firm is unable to meet its liabilities

To ensure that the company complies with the above disclosure rules, we have procedures and controls in place which are monitored and reviewed on a rolling basis. Such controls and procedures include: –

• Complaints Handling Procedures
• All letters, advertising and marketing materials, customer leaflets and emails are compliance checked to include our name, address, regulated status and the firm’s main business
• Call Monitoring Checklist
• Clear contract and agreement templates

As a mortgage or home finance service provider, we also comply with the MCOB requirement whereby use of an electronic medium as permitted under GEN 2.2.14, is restricted under certain circumstances to a durable only medium as per the Distance Marketing Directive.

For any electronic communication with a customer in relation to a home finance transaction, the company: –

• Have in place, appropriate arrangements, including contingency plans, to ensure the secure transmission and receipt of the communication along with the ability to verify the authenticity and integrity of the communication together with the date and time sent and received; the arrangements are proportionate, and take into account the different levels of risk as assessed to our business
• Are able to demonstrate that the customer wishes to communicate using this medium and record written authorisation from each customer to this effect
• If entering into an agreement, we ensure that it is made clear to the customer that a contractual relationship will be created that has legal consequences (as set out in the Key Information Disclosure Document)