Terms of Business Ireland Mortgages
Please find enclosed our Terms of Business, please read carefully, if you have any questions please do not hesitate to contact us.
Brendan Kelly t/a Irelandmortgages.com/Financial Planner
These terms of business set out the general terms under which our firm will provide business services to you and the respective duties and responsibilities of both the firm and you in relation to such services. Please ensure that you read these terms thoroughly and if you have any queries we will be happy to clarify them. If any material changes are made to these terms we will notify you.
Authorisation with the Central Bank of Ireland
Brendan Kelly t/a Irelandmortgages.com/Financial Planner are regulated by the Central Bank of Ireland as an insurance intermediary registered under the European Communities (Insurance Mediation) Regulation 2005. Copies of our regulatory authorisations are available on request. The Central Bank of Ireland holds registers of regulated firms. You may contact the Central Bank of Ireland on 1890 777 777 or alternatively visit their website at www.centralbank.ie to verify our credentials.
Codes of Conduct
Brendan Kelly t/a Irelandmortgages.com/Financial Planner is subject to the Consumer Protection Code, minimum Competency Code and Fitness & Probity Standards which offer protection to consumers. These codes can be found on the Central Bank’s website www.centralbank.ie.
Brendan Kelly t/a Irelandmortgages.com/Financial Planner is a member of the Professional Insurance Brokers Association (PIBA). As a member of PIBA we must be in a position to place insurance with a least five insurers of the relevant from (life/non life) and therefore can generally give customers greater choice than agents and tied agents.
Our principle business is to provide advice and arrange transactions on behalf of clients in relation to life & pensions/mortgages/general insurance products. A full list of insurers, product providers and lending agencies with which we deal with is available on request.
Brendan Kelly t/a Irelandmortgages.com/Financial Planner acts as an Independent Broker which means that: a) the principal regulated activities of the firm are provided on the basis of a fair analysis of the market; and b) you have the option to pay in full for our services by means of a fee.
The concept of fair analysis is derived from the Insurance Mediation Directive. It describes the extent of the choice of products and providers offered by an intermediary within a particular category of life assurance, general insurance, mortgages, and/or a specialist area. The number of contracts and providers considered must be sufficiently large to enable an intermediary to recommend a product that would be adequate to meet a clients needs.
The number of providers that constitutes “sufficiently large” will vary depending on the number of providers operating in the market for a particular product or service and their relative importance in and share of that market.
The extent of fair analysis must be such that could be reasonably expected of a professional conducting business, taking into account the accessibility of information and product placement to intermediaries and the cost the search. In order to ensure that the number of contracts and providers is sufficiently large to constitute a fair analysis of the market, we will consider the following criteria:
- The needs of the customer
- The size of the customer order
- The number of providers in the market that deal with brokers
- The market share of each of those providers
- The number of relevant products available from each provider
- The availability of information about the products
- The quality of the product and service provided by the provider
- Cost, and
- Any other relevant consideration
Life & Pensions
Brendan Kelly t/a Irelandmortgages.com/Financial Planner provides life assurance and pensions on a fair analysis basis i.e. providing services on the basis of a sufficiently large number of contracts and product producers available on the market to enable us to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet the your needs.
We will provide assistance to you for any queries you may have in relation to the policies, or in the event of a claim during the life of the policies and we will explain to you the various restrictions, conditions and exclusions attached to your policy. It is however, your responsibility to read the policy documents, literature and brochures to ensure that you understand the nature of the policy cover, particularly in relation to PHI and serious illness policies.
Specifically on the submit of permanent health insurance policies it is our policy to explain to you a) the meaning of disability as defined in the policy: b) the benefits available under the policy c) the general exclusions that apply to the policy and d) the reductions applied to the benefit where there are disability payments from other sources. For a serious illness policy, we will explain clearly to you the restrictions, conditions and general exclusions that attach to that policy.
Our company receives remuneration upfront equalling 12 months premiums once the policy is activated if however the policy is cancelled within the first 12 months the life company claw back the remuneration from our company in these circumstances an advisory fee will be charged to the client.
Brendan Kelly t/a Irelandmortgages.com/Financial Planner can refer general insurance to another broker. Irelandmortgages.com can provide advice on and arrange products from the following range: household, motor, commercial, public liability, employer liability, and travel insurance. Brokers can tailor this to include any extra services offered.
We will also offer assistance to you in relation to processing claims on policies taken out with us and in seeking renewal terms on your cover. To ensure continuity of cover, where you have an existing policy which is due to expire and where we have been unable to contact you, we may put continuing cover in force whilst awaiting your instruction. You will be liable for any premiums payable to the relevant insurer for the period of time between renewals and when we receive your instruction. You have the right not to avail of this service.
Through the lenders or other undertakings with which we hold an agency, Brendan Kelly t/a Irelandmortgages.com can provide advice on and arrange mortgage products from the following range: fixed-rate loans, variable rate mortgages, capital & interest mortgages, interest only mortgages, endowment mortgages, pension mortgages and residential investment property.
Brendan Kelly t/a Irelandmortgages/Financial Planner provides mortgage advice on a fair analysis basis (providing services on the basis of a sufficiently large number of contracts and product producers available on the market to enable the firm to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet your needs).
We will need to collect sufficient information from you before we can offer any advice on housing loans. This is due to the fact that a key issue in relation to mortgage advice is affordability. Such information should be produced promptly upon our request.
Disclosure of Information
Any failure to disclose material information may invalidate your claim and render your policy void.
Irelandmortgages.com is remunerated by commission and other payments from product producers or lenders on the completion of business. In certain circumstances, it will be necessary to charge a fee for services provided. In other circumstances where fees are chargeable, we will notify you in advance and agree the scale of fees to be charged, these fees will not necessarily be offset against any commission that we may receive. Where we receive recurring commission, this forms part of the remuneration for initial advice provided.
You may elect to deal with us on a fee only basis; we have a minimum fee of €250 per consultation thereafter an hourly rate applies which could range from €100-€200 per hour. Each client will be notified in advance of our fee for a particular advisory service. Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency.
In the event that you do not wish to engage our firm on a fee only basis we are remunerated by commission income from product procedures on the completion of business.
In certain circumstances it will be necessary to charge a fee for services provided in order to ensure we provide expert independent advice. In the event that you do not wish to proceed with a product or service where we have been engaged by you appropriate fees will apply. A minimum fee of €100 per hour will apply in these circumstances to be determined by our firm.
In the event that we receive commission from the product provider and a fee for our service, in this case if we are to off set the fee against commissioned earned we will advice in advance.
Fee Structure: (This is determined with the client ahead of engagement depending on the level of advisory required)
It is in your best interests that you review, on a regular basis, the products which we have arranged for you. As your circumstances change, your needs will change-you must advise us of those changes and request a review of the relevant policy so that we can ensure that you are provided with up to date advice and products best suited to your needs. Failure to contact us of changes in your circumstances, or request a review, may result in you having insufficient insurance cover and/or inappropriate investments.
Conflicts of interest
It is the policy of our firm to avoid conflicts of interest in providing services to you. However, where an unavoidable conflict of interest arises we will advise you of this in writing before providing you with any service.
Default on payments by clients
Our firm will exercise its legal rights to receive payments due to it from clients (fees and insurance premiums) for services provided. In particular, without limitation of the generality of the foregoing, the firm will seek reimbursement for all payments made to insurers on behalf of clients where the firm has acted in good faith in renewing a policy of insurance for the client.
Product producers may withdraw benefits or cover in the event of default on payments due under policies of insurance or other products arranged for you. We would refer you to policy documents or product terms for the details of such provisions.
Mortgage lenders may seek early repayment of a loan and interest if you default on your repayments. Your home is at risk if you do not maintain your agreed repayments.
We ask that you make any complaint against our firm relating to services provided by us in writing. We will acknowledge your complaint within 5 business days and we will fully investigate it. On completion of our investigation, we will provide you with a written report of the outcome. In the event that you are still dissatisfied with our handling of, or response to your complaint, you are entitled to refer the matter to the Financial Services Ombudsman or the Pensions Ombudsman. A full copy of our complaints procedure is available on request.
Irelandmortgages.com complies with the requirements of the Data Protection Acts, 1998 and 2003. The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf.
We would also like to keep you informed of mortgage, insurance, investment, and any other services provided by us or associated companies with which we have a formal business arrangement, and which we believe may be of interest to you. We would like to contact you by way of letter, email, telephone call or personal visit. If you do not wish to receive such marketing information please tick the box in the Terms of Business acknowledgement letter. We may receive referrals from such firms and may advise them of any transactions arranged for you.
Irelandmortgages.com is a member of the Investor Compensation Scheme operated by the Investor Compensation Company Ltd. See below for details.
Investor Compensation Scheme
The Investor Compensation Act, 1998 provides for the establishment of a compensation scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) of authorised investment firms, as defined in that Act.
The Investor Compensation Company Ltd. (ICCL) was established under the 1998 Act to operate such a compensation scheme and our firm is a member of this scheme.
Compensation may be payable where money or investment instruments owed or belonging to clients and held, administered or managed by the firm cannot be returned to those clients for the time being and where there is no reasonably foreseeable opportunity of the firm being able to do so.
A right to compensation will arise only:
- If the client is an eligible investor as defined in the Act; and
- If it transpires that the firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and
- To the extent that the client’s loss is recognised for the purposes of the Act.
Where an entitlement to compensation is established, the compensation payable will be the lesser of: 90% of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1998; or Compensation of up to €20,000.
For further information, contact the Investor Compensation Company Ltd. at (01) 224 4955.