Terms of Business & Data Privacy Statement
JC Mortgages Limited Terms of Business
These Terms of Business are applicable from 01/07/2022 and set out the general terms under which we will provide business services to you and the respective duties and responsibilities of both ourselves and you in relation to such services. Please ensure 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.
JC Mortgage Limited is regulated by the Central Bank of Ireland as an Insurance Intermediary registered under the European Union (Insurance Distribution) Regulations 2018 and a Mortgage Intermediary under the European Union (Consumer Mortgage Credit Agreements) Regulations 2016. Our authorisation can be checked on the website of the Central Bank of Ireland (www.centralbank.ie) or by calling the Central Bank of Ireland on 1890 777 777 to verify our credentials. Our reference code is C466128.
Codes of Conduct
We are 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).
We are an Insurance and Mortgage Credit Intermediary. Our principal business is to provide advice and arrange transactions on behalf of our clients in relation to insurance & mortgage products. We are not under a contractual obligation to conduct insurance distribution business exclusively with one or more Insurance Undertakings and do not give advice on the basis of a fair and personal analysis. We do however provide advice from the selection of products provided by the companies and lenders we have agencies with. We recommend the product that, in our professional opinion, is best suited to your needs and objectives from this selection of products.
Through the lenders or other undertakings with which we hold an agency, JC Mortgages Limited 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. We provide mortgage advice on mortgages from the selection of lenders we have agencies with. 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. Where the creditor is unable to carry out an assessment of creditworthiness because the consumer chooses not to provide the information or verification necessary for an assessment of creditworthiness, the credit cannot be granted.
Consumer Insurance Contracts Act 2019
Your Duty of Disclosure – Consumer
This duty of disclosure applies to consumers as defined above in the Financial Services and Pensions Ombudsman Act 2017.
You are required to answer all questions posed by us or the insurer honestly and with reasonable care. The test will be that of the ‘average consumer’. The ‘average consumer’ per Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 2005, is one that is reasonably well informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors.
You are not under any duty to volunteer information over and above what is required to answer the questions posed to you. The questions we require you to answer are material to the risk to be undertaken by the relevant insurer, or the calculation of the premium by the relevant insurer, or both.
You will be required to answer specific questions. Where you do not provide additional information (after being requested to do so) it can be presumed that the information previously provided remains unchanged.
It is important that you answer all questions honestly and with reasonable care. Failure to do so may result in an insurer cancelling the contract, rejecting a claim or limiting the amount paid in the event of a claim only if it establishes that non-disclosure of material information was an effective cause of the insurer entering into the relevant contract of insurance and on the terms on which it did.
JC Mortgages Limited is remunerated by commission and other payments from product producers and lenders. We reserve the right to charge additional fees if the number of hours relating to on-going advice /assistance exceeds 3 hrs. Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency. We will give an estimate of this rate in advance of providing you with these services.
We may receive up to 1% (or whatever maximum is applicable) of the loan for arranging mortgage finance. This commission is paid by the mortgage lender. The actual amount of commission will be disclosed at a later stage in the ESIS (European Standardised Information Sheet) which will be forwarded to you at loan offer stage. Please note lenders may charge specific fees in certain circumstances and if this applies, these fees will be specified in
your Loan Offer. You have the right to pay a fee separately and not include it in the loan. Typically, this situation arises in relation to specialist lending. In addition, we may charge you an arrangement fee of up to €750. If we provide mortgage advice and obtain a Loan Offer for you and you subsequently do not proceed with your mortgage application through ourselves, we will charge you an arrangement fee of €750 for our services.
As outlined below under “Consumer Protection Code Addendum 2019”, a summary of the details of all arrangements for any fee, commission, other reward or remuneration paid or provided to us by the product producers is available on our website “http://geb.smartaje.com/”. If you need further explanation of this information, please do not hesitate to call us. We charge €350 for approval in principal on a once off basis. If we don’t get you approved there is no fee.
Consumer Protection Code Addendum 2019
Pursuant to provision 4.58A of the Central Bank of Ireland’s September 2019 Addendum to the Consumer Protection Code, JC Mortgages Limited, must make available on our website, a summary of the details of all arrangements for any fee, commission, other reward or remuneration provided to us which has been agreed with our product producers. Our Remuneration Document can be found on our websitehttp://geb.smartaje.com/.
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 we can ensure you are provided with up to date advice and products best suited to your needs.
Conflicts of interest
It is the policy of JC Mortgages Limited 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. As per above we receive commission from the lenders and companies we have agencies with for the business you transact.
JC Mortgages Limited complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018. JC Mortgages Limited is committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client. The data will be processed only in ways compatible with the purpose for which it was given and as outlined in our Data Privacy Notice which will be given to all our clients at the time of data collection.
Anti – Money Laundering/Countering the Financing of Terrorism
JC Mortgages Limited reserves the right to request any information about a client which it reasonably believes it needs to know in order to comply with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended).
Governing Law and Language
The laws of Ireland form the basis for establishing relations between you and JC Mortgages Limited. All contracts, terms, conditions and communications relating to any policies or services you may enter into with the firm will be in English.
We are members of the 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:
o 90% of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1998; or
o Compensation of up to €20,000.
For further information, contact the Investor Compensation Company Ltd. at (01) 224 4955.
We would like to keep you informed of various insurance, mortgage and any other related services, competitions and newsletters that we think may be of interest to you. If you consent to receiving such marketing information, please complete below:
I/we confirm, having read the paragraphs in relation to Data Protection and Direct Marketing, that I/we consent to JC Mortgages Limited contacting me/us by the following methods in relation to the range of services provided by JC Mortgages Limited:
Client 1 Client 2
I/We acknowledge that I/We have been provided with a copy of the Terms of Business and the Data Privacy Notice for JC Mortgages Limited and confirm that I/We have read and understand them.
Date_____________________________ Date _____________________________
Signed on behalf of JC Mortgages Limited ________________________________