Terms & Conditions

MICHAEL J MCGREAL T/A BARCLAY AND LLOYD

TERMS AND CONDITIONS OF BUSINESS:

Effective as of 31" March 2016

These terms and conditions of business set out our obligation to you and yours to us. So as to ensure that there are no misunderstandings in our dealings we request that you read this document carefully as it details the services we provide to you. These terms may be added to or amended by additional terms and conditions which apply to specific services that we provide:

The agreement between you & Michael J McGreal is made on the following terms:

Michael J McGreal T/A Barclay and Lloyd, Ellison St, Castlebar, Co Mayo

Terms and Conditions of Trading.

1 - Definition of Terms:

“You” our client, whose name is recorded overleaf (and partner where any of the debts are in joint names). “Us” Michael J McGreal T/A Barclay and Lloyd, Ellison St, Castlebar, Co Mayo is regulated by the Central Bank of Ireland. “The Code” Michael J McGreal T/A Barclay & Lloyd is subject to the Consumer Protection Code 2012 which offers protection to consumers and that code can be found on the Central Bank's website www.centralbank.ie “Creditors” any and all of your creditors whose details you will provide to us. “Debt Management Programme” a plan of repayments produced by us. “Period” the period during which the Debt Management Programme is in operation. “Fees” the fees to be paid by you to us in accordance with the Debt Management Programme.

2 - Agreement:

You request and we agree to provide you with a debt advisory and adjusting service in accordance with these terms and conditions. You authorise us to negotiate on your behalf with your creditors. This agreement shall continue until final agreement of the creditors is made in accordance with the Debt Management Programme, unless it should have been terminated beforehand in accordance with section 6.

3 - Your Responsibilities:

3.1   You will provide us with information relating to your finances. This will include but will not be limited to details of your income and expenditure, your creditors and any agreements you have with them, any loans or mortgages you have, your dependant's and any judgements made against you or any other enforcement action being taken against you.

3.2   You will need to provide to us a certified copy of photographic identification to verify your identity.

3.3   You will sign any necessary forms of authority or any other documents so that we may negotiate with your creditors on your behalf.

3.4  You will pass copies of all correspondence from your creditors to us and keep   us informed of any dealings you have with any creditors, whether we are negotiating with them or not. All correspondence that is passed to us will be securely destroyed for the purpose of data protection, we will at all times be able to provide copies of the correspondence from your creditors that you have provided to us. Once the Debt Management Programme has been agreed you will not make any expenditure over and above your reasonable living expenses as calculated in the Debt Management Programme.

3.5   You will consult with us in relation to your Debt Management Programme regarding repayments and in relation to any alteration to repayments.

3.6   On occasion, your creditors may not provide us with the balances of your accounts due to their own company procedures. If these circumstances arise, then you will obtain this information for us and supply accordingly.

3.7   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 a loan, HP agreement, credit card or any other form of credit.

3.8    Non-contact from you will not be considered as cancellation of the agreement.

4 - Our Responsibilities:

4.1   We will review your finances, covering your income, expenditure, debts and assets. These must include all debts secured on property or goods, which we will take into consideration. We will calculate your disposable income, based on reasonable living expenses. All financial statements will be reviewed by your consultants.

4.2   In consultation with you we will produce a Debt Management Plan by which you can pay off your creditors.

4.3   We will negotiate with your creditors and attempt to agree repayment terms with them of the amounts outstanding.

4.4    We shall attempt to agree with your creditors, where appropriate that they freeze or reduce their interest charges and they will suspend or withdraw enforcement proceedings issued in connection with your agreements with them. In rare instances, court proceedings may be issued against you. In these cases we will assist in completion of all the relevant paperwork as required. We cannot guarantee to stop legal action by your creditors.

4.5    Should your circumstances or any other relevant matter change during the period, we shall, in consultation with you and your creditors, review the Debt Management Programme and if necessary shall make changes to it in agreement with you and any creditors concerned.

4.6   From time to time your creditors will request an update of your financial situation. We will contact you to review your current financial circumstances  and update your Debt Management Programme accordingly. To aid this process, we request that payslips are regularly forwarded to us for review.

4.8   During the negotiation process, some creditors may continue to charge interest and other recovery charges. We cannot always prevent these  charges from being levied. These will however be paid off as part of your Debt Management Programme.

4.9     We can only provide advice on the service that we offer.

5 - Termination of Agreement/Event of Default:

You have the right to cancel this agreement at any time within the first 14 days of engagement and any monies recieved within this time period will be fully refunded to you.

a.  We may end this agreement by giving you four weeks notice in writing if any of the following happens:

(i) You breach this agreement and do not remedy this agreement within seven days of our  bringing this breach to your attention

(ii) Where the information provided to us is knowingly or unknowingly incorrect

(iii) The information provided by you at the time of acquiring a loan (i.e. HP agreement, credit card or any other forms of credit), is deemed incorrect or fraudulent by an creditor or

b.  When this agreement ends:

(i) Our duties and obligations under this agreement will come to an end.

(ii) Your liability to your Creditors will continue to the extent that any amounts that you owe to your Creditors remain outstanding.

6 - How we will use your Information:

6.1   Please read this statement carefully as it explains what personal information we collect about you and how we use this information.

6.2    We collect personal and financial information about you both directly when you apply for our services, and from your 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.

6.3     We will use your personal information to provide our services to use, and in particular: (i) Prepare and issue you your Debt Management Plan (ii) Negotiate with your creditors on your behalf (iii) Keep you informed about your Debt Management Plan and our services.

6.4     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 sub-contract any or all of our obligations to you under this agreement.

7 - Conflicts of Interest:

7.1     Barclay & Lloyd will not conduct any business for you where there is a conflict of interest.

7.2    Conflicts of interest may not at first be apparent during the course of your business however should a conflict arise we will immediately tell you of such conflict. We will remain vigilant at all times to ensure that no conflict of interest arises.

7.3   The use of the term “conflict of interest” conates to its widest possible interpretation vis a vie between you and a third party, between you and us and or a member of staff or indeed between you and a “related person”

7.4     Once a “conflict of interest” arises we will no longer act for you.

8 - Complaints:

8.1    Barclay and Lloyd take any complaints regarding its practice very seriously. Any complaints can be sent in writing and will be dealt with according to procedure either on a Formal or Informal Basis.

8.2    If you have any concern or matter which you view as a complaint regarding the professional service that has been granted to you, we ask that you first   notify the person dealing with your file of your concerns. It is hoped that any complaint will be dealt with at this stage on an informal basis. You concern   will be noted, written down and copies given to you for verification purposes. After consultation, a written response advising of all matters to include resolution will be posted to you. This is dealing with a complaint on an informal basis.

8.3     If you do not wish to advise the person dealing with your file of the matters of concern or your complaint, we would ask that you would either telephone, email or write your complaint to the principal of Barclay and Lloyd, namely Michael J. McGreal detailing all your concerns. We will try to resolve your complaint on an informal basis at first.

8.4    If you wish to have your complaint dealt with on a more formal basis, you have the right to issue your complaint and have it dealt with on a Formal basis. Under a Formal Complaint procedure your complaint must be made in writing and addressed to Michael J. McGreal, principal of Barclay and Lloyd. A formal investigation will take place and you will be advised of the nature, manner of investigation and steps taken regarding such investigation. You will have the right to respond to such findings. You have the right to respond in writing through an independent adviser such as a solicitor or such other person as appropriate. You response will be considered and a formal written response will be issued within 14 days.

8.5      A decision regarding all complaints will be issued in writing.

8.6      In relation to all complaints and matters of concern, you are entitled to:

• Have your complaint dealt with by the principal of Barclay and Lloyd, namely Michael J. McGreal.
• You are entitled to have your complaint dealt with in writing.
• You are entitled to a written decision regarding the findings of your complaint.
• You are entitled to a written decision of the steps taken for the resolution of your complaint.
• You will be advised at all times of the steps taken to note your complaint and to deal with your complaint effectively.
• You will have your complaint investigated and a response of the preliminary investigation, including a decision within 21 days from the date of your initial complaint, whether advised through written or oral communication will be given. If we require additional time to investigate, we will advise you accordingly.
• If you are unhappy with our response or handling of your complaint, you can refer your complaint to the Financial Ombudsman Service, 3" Floor, Lincoln House, Lincoln Place, Dublin 2. Contact no’s: Lo Call: 1890 88 20 90, Phone: +353 1 6620899 Fax: +353 1 6620890 EMail: enquiries(a)financialombudsman.ie

9- Compensation Scheme:

9.1   Michael J McGreal T/A Barclay and Lloyd is a member of the Investor Compensation Scheme operated by the Investor Compensation Company Ltd.

Investor Compensation Scheme

9.2    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.

9.3      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.

9.4   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.

9.5     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.

9.6   Where an entitlement to compensation is established, the compensation payable will be the lesser of:

• 90% of the amount of the client's loss which is recognised for the purposes of the Investor Compensation Act, 1998; or
• Compensation of up to €20,000.

For further information, contact the Investor Compensation Company Ltd. at (01) 224.4955.

 PLEASE NOTE

• We do not promise or guarantee any outcome, we will however guarantee to do everything in our power in assisting you in negotiating a more reasonable approach to your current financial position.
• We cannot guarantee the outcome, but we guarantee our services.
• We do not assume that because one client was successful, another one will be.
• We do not assume that the process, term, rate or time frame will be the same every time, even if it is with the same Provider.
• We do not give Legal Advice but can provide access to a Legal Professional.

IF YOUR REPAYMENT PLAN IS UNSUCCESSFUL, MICHAEL J MCGREAL T/A BARCLAY AND LLOYD DO NOT ISSUE REFUNDS ON FEES PAID

 

CONSENT TO TERMS OF BUSINESS

I/We are in agreement to the above mentioned terms and conditions:

 

Signed: ____________________      Date: ____________________

 

Signed: ____________________       Date: ____________________

 

 

Accepted on behalf of Michael J McGreal T/A Barclay and Lloyd:

 

Signed: ____________________       Date: ____________________