“Agreement” means the agreement between you and us made mainly on these terms and conditions of business.
“The firm” means GW Financial Solutions UK LTD.
“Creditors” means any and all of your unsecured creditors whose details you will provide us with in accordance with section 3.
“Debt Management Programme” means the debt solution by which you repay your Creditors through us (and may be revised from time to time)
“Completed Installment” means the total amount which is paid every month / four weeks by you to us, throughout the period.
“Distributable Repayment” means the part of the Received Payment to be paid by, us on your behalf, to your Creditors.
“Setting Up fees” This is the percentage of payment deducted from the first four ‘Completed instalments’ which covers the costs of setting the plan up.
“Period” means the period during which the Debt Management Programme will operate. Commencing from the date our Terms of Business are accepted and first payment is received by GW Financial Solutions UK Ltd, and concluding on the completion / transfer / termination of the Debt Management Programme
“Disposable Income” this is the sum of money remaining once your household and personal expenditure has been deducted from your total income
“Services” means the services we agree to provide you with under this agreement.
“Terms of Business” means these terms and conditions of business. “us” and “we” means GW Financial Solutions UK LTD , who registered address is Vitality House, Wellington Road South, Stockport, SK2 6NG or anyone to whom we transfer our obligations and rights under this agreement.
“you” means you, whose name is recorded overleaf (and your partner where the Debt Management Programme is a joint debt solution)
1. APPOINTMENT & PERIOD
1.1 You appoint us and we agree to provide the Services (as defined below)
1.2 This Agreement will commence when you confirm the acceptance of these Terms of Business either by telephone or by returning the completed client authority form (enclosed with these Terms of Business) and from the date the first payment to GW Financial Solutions UK Ltd. is received as cleared funds.
1.3 This Agreement will continue for the Period unless ended earlier by you as set out in sections 1.4 and 6 or by us as set out in section 7
1.4 You have a right to cancel this Agreement under the Financial Services Distance Marketing Regulations 2004, regulation 9 and 10, at any time during the first fourteen calendar days of the Period. You can do this verbally by calling 0808 1292010 or 0161 476 9500, by email, or by writing to us at the address above. We will then refund you any fees already paid to us that are cleared funds. All time periods will be extended to the next working day if they end on a Saturday, Sunday or Bank Holiday. This includes all cancellation periods and the time limits for providing refunds.
2. WHAT WE WILL DO FOR YOU
2.1 We will conduct a personal consultation which will take into consideration your personal circumstances, residential arrangements, income, expenditure, credit commitments, assets and any individual needs or requests prior to making recommendation on your suitability towards all debt solutions. Our assessments will include any debts secured on property or goods, which we will take into consideration but may not be able to include within a debt solution or provide direct advice on.
2.2 We will calculate a comfortable figure for repayment towards your credit commitments based on taking your regular and required expenditure total from your regular total income total. This will be classed as your ‘Disposable Income’.
2.3 In consultation with you, we will administer a Debt Management Programme through which you can repay your creditors using your disposable income. The Debt Management Programme will let you make weekly/ fortnightly/ four weekly/monthly payments to us and will cover your Creditors and our Fees. It will not take into account any matters you have not told us about in accordance with section 3. Where you have credit commitments which are approaching or have already resulted in a County Court Judgement (CCJ) the firm may need to allocate a specific sum, which falls out of our “pro-rata” distributions in order that we satisfy this creditor.
2.4 We may consider a short- term payment arrangement on occasions where you experience a temporary issue with affordability. The firm will consider these where you have isolated or unexpected expenses or an income reduction which reduces your affordability for a term no longer than 3 months. Examples of occasions considered ‘temporary’, ‘isolated’ or ‘unexpected’ would be; a household appliance needing replacing, or a vehicle needing an urgent repair. Income reduction would only be considered ‘temporary’, ‘isolated’ and ‘unexpected’ in the event of a period of unpaid sickness, or sickness with statutory sick pay being less than your normal earnings. Where the firm believes the reasons given are likely to last longer than the prescribed 3 months, the firm will recommend an Annual Review as outlined in 2.7 of these terms and conditions.
2.5 Once the short- term payment arrangement expires an Annual Review will be prompted where it is established that you cannot revert to your previous payment under the same terms,
2.6 The firm will only agree a total of 3 months of reduced payments per annum, under a short-term-payment-arrangement. This can be made up of three separate occasions of one month, two occasions comprising of a ‘one month’ and a ‘two month’ arrangement or one occasion of a short-term-payment-arrangement lasting three months.
2.7 The firm reserves the right to refuse a request for a short-term-payment-arrangement and will recommend an Annual Review where you make a request which would mean exceeding the 3 occasions within a 12 month period policy as referenced in term 2.6.
2.8 Where your request for a short-term-payment-arrangement happens whilst you are still within the first four months of contracting with the firm, the firm will prompt an adhoc Annual Review to establish if the Debt Management Programme is the most suitable solution for you. This will involve an income and expenditure assessment and assessment against all debt solutions.
2.9 We will attempt to agree a freeze or reduction on interest and charges with each of the creditors managed within the Debt Management Progamme
2.10 We will request / recommend creditors suspend or withdraw any legal or enforecement action taken in conjunction with the credit commitments managed within the Debt Management Programme
2.11 We will negotiate with your Creditors and attempt to agree new repayment terms based on a pro-rata offer. This means each creditor will receive a fair reflection of what you can afford, which is based on the proportion of debt owed to each creditor.
2.12 We shall make payments to your Creditors within timescales detailed in section 5.2.
2.13 We will conduct an Annual Review at least once per annum where we will assess your circumstances in line with all financial solutions to ensure you remain on the best solution for your current set of circumstances.
2.14 Where your Debt Management Programme is a joint agreement we will assess both parties individually as well as jointly to ensure both parties are in receipt of the most appropriate advice.
2.15 Where your Debt Management Programme is a joint agreement and as a result of an Annual Review, and where the most appropriate advice differs between parties, we will look to separate the file and terminate the agreement as ‘joint’. If a Debt Management Programme remains the most suitable advice for either or both parties, individually, we will terminate the joint agreement and set up separate agreements. No set up fee will apply to either party. No interest is accrued on funds in this account.
2.16 During the negotiation process some Creditors may continue to charge interest and other recovery charges. We cannot always prevent these charges being levied. These will however be paid off as part of the balance of that creditor within your Debt Management
2.17 We take any complaint regarding our practices seriously. Complaints can be made verbally by calling 0808 1292010 or 0161 476 9500, by email to email@example.com or by writing to Complaints Officer at GW Financial Solutions UK LTD;
3. WHAT YOU MUST DO FOR US
3.1 Upon request, you will provide information and evidence. You will provide to us on request information relating to your finances which will support us with the advice we provide. This will include, but will not be limited to; your identity, income, expenditure, creditor names and references, assets, health and/or conditions which affect wellbeing and/or ability to understand finances, legal action taken by any creditor and anything else we view as relevant to your financial affairs.
3.2 You will ensure all information is provided prior to contracting via your first payment, in order that we can meet the distribution timescales, we are bound to, by our regulator as outlined in 5.1.
3.3 Where 3.2 is not adhered to, you accept the risks that funds to creditors where we do not have sufficient information to contact, will be withheld until we have this information. In the event that we are not able to distribute within 30 days, the funds will be refunded back to you by BACS, debit card or cheque or split between the creditors we have sufficient information for.
3.4 You / both parties (where joint agreement) will sign a letter of authority so that we have permissions to negotiate with your creditors on your behalf
3.5 You will forward to us copies of all correspondence from your Creditors and keep us informed of any dealings you have with any Creditors, whether we are negotiating with them or not. We will scan a copy of your initial paperwork and we will make a record of all ongoing correspondence you send to us, but this will not be scanned. Should you wish for ongoing documentation to be returned please inform us before you send the documentation, or in writing together with the documentation sent to us.
3.6 Once you have decided the Debt Management Programme is the solution you wish to take you will not use any available funds with any of your credit commitments. We recommend you do not take any further credit whilst on the Debt Management Programme, as this is likely to affect your affordability towards your Debt Management Programme and the arrangements we have made with your creditors if they were to become aware that you were managing debt outside of the Debt Management Programme.
3.7 Should your circumstances change during the course of the Debt Management Programme you will notify us, and we will complete an Annual Review, or assessment appropriate to the changes you have experienced, and if necessary.
3.8 You are expected to provide the firm with accurate and factual information. We cannot be held responsible for any legal action taken against you by your Creditors as a result of fraudulent or incorrect information provided by you at the time of acquiring the loan, hire purchase agreement, credit card or any other form of credit.
3.9 We require regular communication with you / both parties (where the Debt Management Programme is in both names and considered a joint debt solution).
3.10 Lack of contact from you will not be considered cancellation of the agreement but may result in the firm terminating the agreement to comply with regulatory and internal compliance requirements, in line with Section 7 of these terms and conditions.
3.11 If you do not maintain regular payments, we will suspend any action on your account but will still try to establish contact with you. Your Creditors have to be informed that payments are not being maintained. This may result in your Creditors continuing legal action and re-commence adding interest and charges, for which we cannot be held
3.12 You remain responsible for continuing to pay any secured loans, mortgages or hire purchase agreements where you are still in possession of the goods secured under the agreement. In addition, it remains your responsibility to maintain ongoing payments to all household bills (including insurances) which we will have taken in to consideration prior to agreeing your affordability towards debts managed within the Debt Management Programme. We will have explained these to you as ‘your priorities’.
4. FEES & CHARGES
4.1 As most of the work for you will be done at the start of the Debt Management Programme, we will retain as a fee 50% of the ﬁrst four completed installments to reﬂect the work completed in establishing the Debt Management The 50% is capped a total of £175 per completed instalment so you will never pay in excess of £700 for the total cost of setting up the Debt Management Programme.
4.2 From each completed instalment thereafter, we will take, the equivalent of 17% from each completed instalment. However, this is subject to a minimum fee of £39.95 per month and a maximum of £90.00. Where your disposable income payment changes, your fee will be subject to the same calculations. We will inform you of any changes to your fee verbally and in writing and this will only be effective from the month your payment changes.
4.3 The firm reserves the right to review its fees, from time to time, in line with national inflation and where it may need to cover increased business costs. Where this is the case the firm will communicate with you via your agreed communication mediums, to inform you of any changes and whether they affect you and the extent to which they affect you. The timescale for when changes take place will apply as per section 10 of these Terms and Conditions.
4.4 Where a short-term payment arrangement is agreed for a sum of lesser than £80.00 per completed instalment, your monthly management fee will be 49.99% of your completed instalment. Where a short-term payment arrangement is agreed for a sum greater than £80.00 your fee will be subject to the calculations in 4.2. A reduction in payment via a short-term payment arrangement is likely to mean a substantial reduction in the amount distributed to your creditors. We will confirm this verbally before you enter such arrangement.
4.5 If you are within the first four months when your short-term payment arrangement is agreed you will be charged in line with 4.1 of these terms and conditions.
4.6 If you are in possession of a sum of money and wish to settle your debts in part or in full, and you use the firms Full & Final Settlement process, you are liable to pay the fee outlined within that policy, which is separate to our terms and conditions, from the money held in conjunction with 5.6 of these terms and conditions.
5. HOW WE HANDLE YOUR MONEY
5.1 All payments that we receive from you in cleared funds will be paid directly into our client account. The only payments which we will make out of our client account are: (a) payment towards our fees; (b) payment of the Completed Instalment to your creditors in accordance with the Debt Management Programme; and (c) any other payments as instructed by / or agreed with you
5.2 We will distribute the Completed Instalment amongst your Creditors in accordance with the Debt Management Programme normally within 72 working hours (to account for bank holidays and weekends) of receipt of the Monthly Payments from you in cleared funds. If there is a delay in any payment which is not beyond our control, we shall take the appropriate action to put you in the position you would have been in if the payment had been made within 72 working hours in cleared funds and shall make good any additional interest which has accrued and any default charges that have been applied to the account as a result of the delay.
5.3 If you pay by debit card and you have returned our ‘CPA Form’ (Continuous Payment Authority) it will be deemed that we hold a Continuous Card Recurring Authority. Your payment will be taken automatically on the agreed date and thereafter at the agreed payment frequency. If your card provider rejects the change, we will automatically resend the payment request for representation with your card provider. If your card provider rejects the charge a second time we will contact you to discuss the difficulties you are experiencing and seek to establish an alternative arrangement and assess whether your circumstances require changes to your Debt Management Programme or alternative debt advice. We will send you a text or email to let you know 24 hours prior to each reapplication for payment. We will only reapply for payment within 5 working days of the date your payment was due. Continuous Card Recurring Authority provides you with the freedom of knowing that your payment will be debited from your debit or credit card
5.4 The Continuous Card Recurring Authority guarantee is set out in the following terms of agreement:-
– If the amounts to be paid or the payment dates change, we will notify you 10 working days in advance of collection, or as otherwise agreed
– If an error is made by GW Financial Solutions UK LTD, you are guaranteed a full refund of the amount paid
– You can cancel a Continuous Card Authority at any time verbally, by email or by contacting us in writing on the contact details
5.5 If you choose to make payment towards your Debt Management Programme in either weekly or fortnightly installments, we will not distribute payments between your creditors until either the full months payment has accrued as cleared funds in our client account, or 31 days since the ﬁrst weekly/ fortnightly payment elapses, whichever is soonest.
5.6 All full and final settlement monies we receive from you in cleared funds will be paid directly into our client account. We will then negotiate reduced/partial settlements on your behalf. Our fees are charged at 20% of the total saving of your settlements.
6. YOUR RIGHT TO TERMINATE
6.1 You have the right to cancel this Agreement under section 1.4
6.2 You may also cancel this Agreement at any time if the total Fees payable under the Debt Management Programme differ signiﬁcantly from the fees we estimate to you at the commencement of the Agreement provided that this right to cancellation will not be available in the event that such difference in Fees is due to any misrepresentation by you of your ﬁnances, including, without limitation, your Creditors. In the event of cancellation under this section 6.2, we reserve the right to retain the ‘setting up fee’ paid.
6.3 In addition to your right to cancel under sections 6.1 and 6.2, you may also terminate this Agreement at any time, for any reason, by any means of communication. In the event of cancellation under this section (6.3) we reserve the right to retain the ‘setting up fee’ and any management fees deducted from payments distributed between your creditors
6.4 If you cancel the Debt Management Programme within the first month and we have completed work on your behalf, we may retain the setting up fee. If no work has been completed by GW Financial Solutions UK Ltd. at the time of cancelling the agreement, we will refund the setting up fee in full.
7. OUR RIGHT TO TERMINATE
We may terminate this agreement at any time with immediate effect if any of the following happens:
(a) You fail to make two successive Monthly Payments; or
(b) You breach any term within these terms and conditions which affects our ability to provide a service to you, or compromises our obligations with internal, or regulatory, compliance obligations.
(c) You fail to engage in completing an Annual Review in accordance with 2.13. In such event, we will update your creditors and refund any payment made to GW Financial Solutions UK Ltd. which is received after written notification of the date your Debt Management Programme has been terminated.
(d) If your short-term payment arrangement expires, your previous payment does not resume and you fail to engage in communication.
(e) Your permanent disposable income falls below £80.00 per calendar month, meaning you cannot afford the firms minimum fees. Where this is the case we will refer you to a free source of debt advice.
(f) You become bankrupt, ﬁle a bankruptcy petition, make an arrangement or composition with your Creditors generally, or make an application to a court of competent jurisdiction for protection from your creditors generally; or
(g) We are prevented from fulﬁlling our obligations by reason of force Majeure.
8. EFFECT OF TERMINATION
When this Agreement ends:
(a) Our duties and obligations under this Agreement will come to an end;
(b) Your liability to your Creditors will continue to the extent that any amounts you owe to your Creditors remain outstanding over and above the repayments made to them under the Debt Management Programme, the interest and charges may resume; and
(c) We will write to them to notify them that we are no longer acting on your behalf and we no longer have active authority to discuss matters relating to the terminated Debt Management Programme
9. COMPLAINTS PROCEDURE
A copy of our complaints procedure is available on request and can be found on our website:
10. CHANGES TO OUR TERMS & CONDITIONS
We reserve the right to make changes to our terms & conditions with 28 days’ notice. Where we make changes we will notify you by email or letter depending on what your contact preference is set to.