1. INTRODUCTION
1.1 These terms set out the general conditions under which The Brightstar Group’s services are to be provided to clients, including details of the specific services required and any charges for these services. This must be read in conjunction with the Initial Disclosure Document, Terms of Business and any indicative illustration, product illustration or ESIS that is provided during the course of our dealings.
2. OBLIGATIONS
2.1 The client agrees to provide The Brightstar Group with full and frank details about their personal, financial, and other circumstances including knowledge and experience, risk appetite, ability to tolerate losses, capacity to accept losses and the client’s aims and objectives in respect of any financial needs, including whether the client has the legal capacity to enter into this agreement.
2.2 The Brightstar Group confirms that it has the necessary delegated regulatory permissions to provide advice and services in those areas disclosed in our Initial Disclosure Document or Terms of Business.
2.3 The client agrees to appoint The Brightstar Group as their agent.
2.4 The Brightstar Group agrees to act as the agent for the client in relation to the services agreed at clause 3 below.
2.5 The Brightstar Group agrees to treat the client as a Retail Client (Consumer), unless the client is acting as an agent of a Limited Company, or other business entity.
3. SERVICE
3.1 Where instructed to do so (direct client), The Brightstar Group agrees to conduct an analysis of the personal information provided by the client at the time of entering into the agreement and determine, based upon this information, that all existing arrangements held in the name of the client are still suitable and, in the client’s best interest or not, and report to the client details of this analysis. This will not apply to packaged cases where The Brightstar Group are acting as an agent for the advising broker.
3.2 The Brightstar Group will provide advice having assessed the clients demands and needs in respect of Regulated Mortgages (and non-investment protection) and conduct a holistic analysis of the client’s mortgage plans that fall within the regulated permission of The Brightstar Group, and make personal recommendations in these areas. We may also signpost area’s that you should consider for any products or services that fall outside of our scope. This will not apply to packaged cases where The Brightstar Group are acting as an agent for the advising broker.
3.3 The Brightstar Group will use the information provided by the client and cannot be held responsible for any non-disclosed details that may subsequently affect the application or lender decision where it would be reasonably expected for the client to make The Brightstar Group aware of such information.
3.4 The lender’s decision is always final and is based upon receipt of a completed application form or Decision in Principle form and supporting documents. The lender is within their rights to request any information at any time throughout the application process in order to reach their decision.
3.5 The Brightstar Group recommends that clients should not instruct solicitors and incur costs until the application has been fully agreed by the lender in question.
4. PAYMENT
4.1 A non-refundable Application Fee (including valuation fee if applicable) will usually be required with the mortgage application. Please check your IDD or Terms of Business for full details of the fees and charges associated with your application, and when they are payable.
4.2 Payments for services will be made to a Company within The Brightstar Group (Bright Star Financial, Sirius Finance, Solstar Insurance Brokers or Portway Finance) and not to a named individual. If you are ever asked to pay a fee directly to an individual claiming to be an officer or staff member of The Brightstar Group, please contact us immediately before doing this.
5. CESSATION OF THE AGREEMENT
5.1 The client agrees to settle in full any outstanding payments due to The Brightstar Group at the time of the termination of their agreement. The Brightstar Group agrees to provide the client with full details of all incomplete transactions at the time of the termination of the agreement, to assist the client in achieving completion of these.
6. MARKETING
6.1 The Brightstar Group will not use the client’s personal details for the purpose of marketing other services and products offered by The Brightstar Group, unless the client has recorded and expressed willingness and consent to receive such marketing within the registration and application processes. Please refer to our Privacy Policy for the full use, and storage of your personal data.
7. AUTHORISATION AND REGULATION
7.1 The Brightstar Group comprises of: Bright Star Financial Limited (trading as Brightstar, Bright Star, Solstar Insurance Brokers, Solstar), Sirius Property Finance Group Ltd (trading as Sirius Finance, Sirius) and Portway Finance Ltd are authorised and regulated by the Financial Conduct Authority. Our Financial Services Register numbers are 712700, 813945 and 998675.
You can check this on the Financial Services Register by visiting the FCA’s website www.fca.org.uk/register or by contacting the FCA on 0800 111 6768.
Bright Star Financial Limited and Sirius Property Finance Group Ltd. Registered offices: 7 Woodbrook Crescent, Billericay, Essex, CM12 0EQ. Registered in England and Wales. Company numbers: 07462342 and 10132820.
Portway Finance Ltd (trading as Portway) Registered offices: Sb.029 China Works, Black Prince Road, London, England, SE1 7SJ. Registered in England and Wales. Company number: 13378049
8. CONFLICTS OF INTEREST
8.1 The Brightstar Group will always act honestly, fairly and professionally when conducting business with you.
8.2 The Brightstar Group will make you aware of the existence of any conflict of interest that we are aware of, which arises between the work we are doing for you and any of our other clients or ourselves and obtain your consent to continue before we carry out your instructions.
8.3 The Brightstar Group will take all reasonable steps to prevent conflicts of interest and to ensure your fair treatment where one does arise. A copy of our conflict of interest policy is available upon request.
9. COMPENSATION INFORMATION
9.1 The Brightstar Group meets the requirements of the FCA rules regarding financial resources, including provisions regarding holding and maintaining appropriate professional indemnity insurance.
9.2 We are also covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. The value of this compensation depends on the type of business and the circumstances of the claim, as follows:
Insurance – Insurance advising and arranging is covered for 90% of the claim without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit.
Home Finance Products – Mortgages, Home Purchase Plans and Equity Release advising and arranging is covered up to a maximum limit of £50,000.
9.3 Further information about compensation scheme arrangements is available from the FSCS.
10. CLIENT MONEY
10.1 We do not have the authority to hold client money and do not operate a client account for the receipt and payment of client money in respect of insurance transactions. All client money should be paid to the product provider concerned or approved network.
11. CONFIDENTIALITY AND DATA PROTECTION
11.1. Some or all of the information supplied to The Brightstar Group in connection with an Enquiry, Decision in Principal or Application will be held on computer and paper and will comprise Personal Data (as defined by the DPA / GDPR). Unless required to do so by law, we will not disclose such information to anyone else other than the lender and their third parties to assist in the provision and servicing of your application.
11.2. Please note that telephone calls may be recorded or monitored for security or training purposes.
11.3 We will only contact you for Marketing purposes as mentioned in 6.1.
12. OTHER BENEFITS
12.1 From time to time we may receive other benefits from institutions that we introduce a customer to. These other benefits can be in the form of monetary or non-monetary benefits and are intended to enhance the service we can provide to our clients. We agree to provide you with details of any monetary or non-monetary benefit received in relation to any transaction completed for you upon request
13. DISPUTED RESOLUTION (Complaints)
13.1 If you wish to register a complaint, please contact us:
In Writing: The Brightstar Group, 7 Woodbrook Crescent, Billericay, Essex, CM12 0EQ
By Phone: 01277 500 900
By email: customerservice@brightstarfinancial.co.uk
13.2 If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service. Their contact details are:
In Writing: The Financial Ombudsman Services, Exchange Tower, London, E14 9SR
By Phone: 0800 023 4567
By email: complaint.info@financial-ombudsmen.org.uk
14. LAW AND JURISDICTION
14.1 You agree that our agreement shall be governed and shall be construed in accordance with English Law, and that the parties shall submit to the exclusive jurisdiction of the English Courts in the event that any dispute cannot be settled under the Disputes Resolution term.
If you have any questions or require further information regarding these Terms and Conditions, please contact us:
In Writing: The Brightstar Group, 7 Woodbrook Crescent, Billericay, Essex, CM12 0EQ
By Phone: 01277 500 900
By email: customerservice@brightstarfinancial.co.uk
Accessibility Statement
The Brightstar Group is committed to supporting our customers’ needs and delivering clear communications.
We are able to offer, without cost, multiple communication methods to meet varying individual requirements, for example, large print documents, postal or electronic communications, telephone, Zoom or Teams meetings, or face to face discussions at our offices.
We would welcome and encourage you to be accompanied by a family member or friend if you require this additional support.
In addition to this, we are willing to work with your appointed interpreters, signers, braille service, RNID Typetalk service and / or independent legal advisers, but this would need to be arranged by you, and at your own cost.
Please let your consultant or case manager know if they can do anything more to assist you with any of the documentation or communications, at any point during the process.
