Our Terms Of Business

Terms of Business
for
Debt Management Services

1. AUTHORISATION

The full name, address and contact details of the firm is set out on the bottom of this document. Our firm is authorised in Ireland under Section 31(1) Part V of the Central Bank Act 1997 (as amended) to provide debt management services for remuneration. The Central Bank of Ireland is the competent authority that has authorised and regulated this firm. The Central Bank of Ireland holds registers of regulated firms. You may contact the Central Bank at 1890 777 777 or on its website www.centralbank.ie to verify our credentials.

Our firm is subject to the following Codes of Conduct and regulatory regulations issued by the Central Bank of Ireland. These codes offer protection to our clients and all of the codes can be found on the Central Bank’s website www.centralbank.ie: Consumer Protection Code 2012, Minimum Competency Code 2011, Fitness & Probity Standards and Authorisation Requirements and Standards for Debt Management Firms. Our firm is also subject to the following legislation: Data Protection Legislation.

2. INTRODUCTION

B.H.F.F. Ltd T/A The Financial Foundation is an Irish company limited by shares. References in these Terms of Business (the Terms) and your separate Engagement Letter to “we” or “us” refer to The Financial Foundation.

Reference to “you” or “your” shall refer to each and every party of the Engagement Letter (other than us). Services shall mean the services which we provide (or are required to provide) to you. The Terms apply to Services delivered or due to be delivered by us to you (unless otherwise agreed in writing) subject to the Engagement Letter which generally sets out the Services to be delivered by us and fees to be charged by us for the Services. The Engagement Letter will prevail to the extent that there is any conflict between it and the Terms.

The Terms will apply from the commencement of your retention of us for the entire period of this engagement (for the purposes of the Terms being our engagement to provide the Services).

This engagement may be terminated by either party by notice, with immediate effect, in writing to the regular correspondence address of the other party marked for the appropriate director or contact.

Termination will not affect accrued rights, existing commitments or any contractual provision intended to survive termination and will be without penalty or other additional payment save that you will pay: (a) our fees to the date of termination; (b) any additional expenses necessarily incurred by us a result of you terminating this engagement; (c) any fees of professional or other third party advisers we have incurred or are liable for in connection with the Services.

3. OUR FEES AND INVOICING ARRANGEMENTS

FEES (Please see next page for Payment Plan Options by Standing Order)

Initial Consultation Free of Charge
Initial Deposit (to commence with customer file) €250.00
1 x PDH (Private Dwelling House) and up to 5 Creditors Advice and Negotiations €1,245.00
(Inclusive of Initial Deposit)
1 x PDH (Private Dwelling House) and up to 10 Creditors Advice and Negotiations €1,595.00
(Inclusive of Initial Deposit)
Each Additional RIP (Residential Investment Property) Advice and Negotiations €250.00
Review Fee Advice and Negotiations €295.00
Success Fee Payable if a Restructure is obtained, and includes verification of the final signed restructured paperwork signed off €495.00
Additional Costs which may apply: The following fees may be incurred should your lender decline our initial proposal:
  • To Lodge an Appeal in relation to their decision
  • To Lodge a Formal Complaint
  • To provide a letter for the Circuit Court
  • To attend court with Client (Includes Travel & Expenses)
  • To submit a complaint to the Financial Services Ombudsman
 
€75.00
€75.00
€50.00
€100.00
€150.00

The majority of our cases involving one Family Home and up to 5 additional Creditors can be resolved for an overall fee of €1,740 which includes the Initial Fee of €250, Negotiation Fee of €995 and our Success Fee of €495 and is payable in the following stages:

Initial Deposit Upon payment, Letters of Authority are issued to your creditors and the process commences €250.00
Balance of fee the remaining balance can be paid by Standing Order on a weekly, fortnightly or monthly basis until the fee is paid in full. We will do our utmost to put a specific plan in place to tailor each client. Upon payment of the balance, our proposals, including Standard Financial Statement and Statement of Means are issued to your creditors and the negotiations commence. €995.00
Success Fee Payable when a long-term arrangement / restructure are negotiated and includes verification of the final signed restructured paperwork signed off €495.00

On mobile devices this table scrolls across! Swipe across to see the full table.

If a repayment plan proposed on your behalf is unsuccessful, there is no refund on fees

INVOICING

Invoices will be sent when we are in receipt of your signed Customer Engagement Letter and we kindly request that payments are made in advance of the preparation of a Standard Financial Statement.

In more complex cases or cases with more than 10 creditors, the firm will need to charge additional fees and those fees will be clearly identified in writing prior to commencing your services.

We will be entitled to submit interim invoices for the Services and disbursement as work progresses. Invoices are payable within 30 days of presentation. We reserve the right to add interest at a rate of 2% a year over 3 month EURIBOR (Euro Inter Bank Offered Rate) for the time being, on any invoice that remains unpaid 30 days after presentation.

4. DATA PROTECTION AND PRIVACY

BHFF Ltd T/a The Financial Foundation complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018. 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. The data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Data Privacy Notice and Data Protection policy. We would also like to keep you informed of other services provided by us or associated companies with which we have a formal business arrangement; which we think may be of interest to you. We would like to contact you by way of letter, email or telephone call. If you would like to receive such marketing information, please complete the permission statements contained in the Terms of Business acknowledgement letter attached.

We may receive referrals from such firms and may advise them of any transactions arranged for you. You have the right at any time to request a copy of any ‘personal data’ within the meaning of the GDPR that our office holds about you and to have any inaccuracies in that information corrected. Please contact us at info@thefinancialfoundation.ie if you have any concerns about your personal data.

5. CONFLICT OF INTEREST

It is the policy of this firm to avoid any conflict of interest when providing business services to its clients. However, where a conflict arises we will advise you of this in writing before proceeding to provide any business service. If you have not been advised of any conflict, you are entitled to assume none arises.

6. DEFAULT

Our firm will exercise its legal rights to receive payments due to it from clients for services provided.

7. COMPLAINTS PROCEDURE

We have a written complaints procedure for the effective handling of all complaints:

  • We will acknowledge receipt of your complaint in writing within 5 working days.
  • A written update will be issued to you every 20 days by a nominated individual within our firm.
  • A comprehensive response to your complaint will be issued within 8 weeks of receipt of your initial complaint.
  • In the event of failure to resolve your complaint you may refer the matter to the Financial Services and Pensions Ombudsman’s Bureau, Lincoln House, Lincoln Place, Dublin 2 for adjudication. The Financial Services Ombudsman Bureau may be contacted on +353 1 567 7000 or via email to info@fspo.ie. Our full Complaints Procedure is available on request.

8. ENTIRE AGREEMENT

With respect to this engagement, our Engagement Letter and the Terms constitute the entire agreement between us and supersede all prior agreements, proposals, oral and written representations and negotiations. Nothing in the Terms makes us your agent or partner or establishes a joint venture between you and us.

A person who is not a party to this engagement shall have no rights to enforce any of the Terms or the terms of the Engagement Letter save that, to the extent that The Financial Foundation so consents, any Indemnified Party may enforce and rely on any of the Terms or the terms of the Engagement Letter as though it were a party to them.

 

What Clients Say

user

For anyone that has ever gone to bed wondering if something happens to myself or my husband, where will my children live? To anyone that warms up the car and sets off to work to pay the mortgage. To anyone that has ever gone to the bank manager sent endless emails and never stopped trying.....well we became "someone". The Financial Foundation became our voice, when ours couldn't be heard. Assisted us, educated us and kept nudging us forward. When a home isn’t about the latest kitchen or the softest carpet but the security of a place for your children to grow, make friends and thrive. When us "someone" started to matter and the wheels started turning so did our lives, for the better. They did this for us.

We now have kept our home. We are now safe and making our payments. We are over the moon. There is simply not enough coverage about the work those girls do. We have all fallen on hard times and when your pride is dented or people may "judge" it can become a downwards spiral. We need to spread the word, make that call, tell a friend.....I will never be able to thank the Financial Foundation enough, especially Rosey for everything they have done. They don’t judge they don’t tar everyone with the same brush they deal with individuals. We are not and never will be millionaires but to me, our happiness is priceless. Thanks so much again for all you have done for us.

DH, Dublin - January 2017
A Happy Client

What We Do

We are here to help families and individuals who are faced with mounting debts and face the possibility of losing their home.

Debt Solutions

We deal with all types of debt including secured and unsecured and will work with your creditors to find an affordable and sustainable solution agreeable to both parties.

Negotiation

We will negotiate on your behalf and dramatically reduce the level of calls and letters to you and will stay with you every step of the way.

Paperwork

We will collect all paperwork from you, prepare your Standard Financial Statement and deal with your creditors.

Prioritisation

When we have determined your affordability to your creditors, we will prioritise your mortgage and secured debts and pay your unsecured creditors on a pro-rata basis.

Clarification

We will explain all agreements to you in simple terms and ensure all agreements are finalised.

Education

We will offer advice and guidance on your household budget and spending habits.