1. Definition of terms
“The Company” means Kensington Financial Management Consultants Ltd which is part of the Money Advice Group. Office; Thornley House, Carrington Business Park, Carrington, Manchester, M31 4DD. Licensed by the Office of Fair Trading under Consumer Credit License Number 532545. “You” Our client, whose name is recorded overleaf (and partner where any of the debts are in joint names). “The Service” means any financial or debt service offered to the Client by the Company including, but not limited to, the Self Help Pack. “The Creditor(s)” any and all of your unsecured creditors whose details you will provide to us in accordance with section 4.
You request and we agree to provide you with a debt counselling advisory/adjusting service and Self Help Service, in accordance with these terms and conditions.
3. Our responsibilities
3.1 We will take full particulars of your personal details and we will review your finances, covering your income, expenditure, debts and assets.
3.2 Upon receipt of the Arrangement Fee as described in Clause 5, prepare and supply a Self help pack to you which includes a Creditor Schedule, pre-written letters, financial Statements and a Self Help Guide.
3.3 The Company takes any complaints regarding its practices very seriously. Any complaints can be sent in writing for the attention of the Customer Services Manager. The company follows the Financial Services Ombudsman complaints procedure.
4. Your responsibilities
4.1 Undertake to provide full, accurate and complete particulars to the Company and to render every assistance to the Company in preparing the service.
4.2 Recognise that it is your own responsibility to implement the Self Help Pack service provided by the Company.
4.3 Understand that the Company cannot guarantee that Creditors will freeze or reduce interest or charges; or that Creditors will not take matters further, including the issue of Default Notices or legal action.
4.4 You remain responsible for paying any unsecured creditors, secured loans, mortgages or hire purchase agreements and all household bills (including insurances).
5. How we will be paid
5.1 We will charge an arrangement fee of £39.99 inclusive of VAT for preparing the Self Help Pack service.
5.2 Payment of the Fee will be deemed acceptance of these Terms of Business by you.
5.3 The Company reserves the right to amend, alter or add to the fees quoted above by giving one month’s notice in writing to any relevant party.
5.4 Fees are payable by you in the way of Cash, Postal Order, Internet Banking, Over the Counter or Debit or Credit Card, Cheque payments will not be regarded as cleared funds until 14 days after presentation by the Company.
6.1 The Company will regard any and all information given by you as confidential and will not disclose this information to any other party except or as otherwise authorised by you.
6.2 You will not, without the written authority of the Company, disclose details of the Self Help Pack service to a party other than the Creditor(s).
7. Termination of Service
7.1 You have the right to cancel this agreement at any time and for any reason within a seven day cooling off period as required by the Consumer Protection (Distance Selling) Regulations 2000.
7.2 The Company reserves the right to withhold, suspend or terminate the Service without notice if you:
i) fail to give the particulars as required by Clause 3.1;
ii) fail to pay a Fee as described in Clause 5.1 within 7 days of it becoming due;
iii) otherwise are in breach of these Terms and Conditions.
7.3 Upon termination as above, the rights, duties and obligations of either party upon the other will come to an end from the date of the termination.
8. Data Protection Statement
8.1 Please read this statement carefully as it explains what personal information we collect about you and how we use this information.
8.2 We collect personal information about you both directly and when you apply for our services, and from you creditors as authorised by you on our Client Authority Form. We may also collect further information as a result of managing your Debt Management Plan.
8.3 We will use your personal information to provide our services to you, and in particular:
i) prepare and issue to you your Debt Management Plan;
ii) negotiate with your creditors on your behalf. And;
iii) keep you informed about your Debt Management Plan and our services.
8.4 Subject to section 8.5, we may also use your personal information to contact you to provide you with details of other products and services which we may think might be of interest to you, including those offered by selected third parties. We may share personal information with these selected third parties and they may contact you directly to provide you with details of such products and services.
8.5 You may let us know if you do not want us to use or disclose your personal information as set out above in section 8.4 or if you wish to amend the way we communicate with you.
8.6 Other than as set out above, we will only disclose your personal information to the extent required by law, court order or as requested by other government or law enforcement authorities, or to any company or other entity to whom we either transfer or subcontract any or all of our obligations to you under this Agreement.
8.7 You may contact our Data Protection Officer in writing at any time at the address given below for further information or if you want to request a copy of the personal information we hold about you or ask us to amend any inaccurate information held by us. If you request a copy of personal information which we hold about you, we will charge you a fee of £10. This will be sent to you within 21 days of receiving cleared payment of the charge.
8.8 Please note that we may record and monitor your calls to us in order to help us to improve our service.
8.9 All telephone calls will be recorded for monitoring and training purposes.
Licensed by the Office of Fair Trading under Consumer Credit License Number 5432545 Office: Thornley House, Carrington Business