Terms of Business
Terms of Business
John Paton (Insurance Services) Ltd.
84 Lister Street, Glasgow, G4 0BY
Accepting our Terms of Business
By asking us to quote for, arrange or handle your insurances, you are providing your informed agreement to these Terms of Business. We draw your particular attention to:
• The section headed ‘The processing of your personal data’, specifically the sub-section titled ‘Credit checks’; and
• The section headed ‘Handling money’, which explains our terms for handling client money.
For your own benefit and protection, you should read these terms carefully. If you are unsure about any aspect of our Terms of Business or have any questions regarding our relationship with you, please contact us at the above address.
The Financial Conduct Authority
Patons, Taxiworld Insurance, TaxiCover & Cabshield are trading styles of John Paton (Insurance Services) Ltd which is registered in Scotland registered number 101060 and is authorised and regulated by the Financial Conduct Authority (FCA). Our Financial Services Register number is 312537.
Our permitted business is introducing, advising, arranging, dealing as agent, assisting in the administration and performance of general insurance contracts and credit broking and supplementary debt-related administration in relation to insurance instalment facilities.
You may check this on the Financial Services Register by visiting the FCA’s website, www.fsa.gov.uk/register/ or by contacting the FCA on 0800 111 6768.
Helping you to decide
Our role is to advise you and, after we have assessed your needs, to provide you with a personal recommendation explaining why the product recommended best meets your requirements. Where we offer additional products, e.g. Legal Expenses cover, Public Liability, Breakdown, Gap Cover, Excess Protection and where we can offer the availability of an instalment facility in order to pay the insurance premium by regular premiums, we do not offer advice in relation to this, but we may ask some questions to narrow down the selection of options available; you will then need to make your own choice about how to proceed.
The capacity in which we act for you
We act as an insurance intermediary, not an insurer. We will usually act on your behalf when arranging your insurances, when you make changes to your policy, when you renew your policy and in the event of a claim. If there are any circumstances when we act as agent of the insurer, we will let you know the capacity in which we act before we finalise your insurance arrangements.
Our product range and the range of insurers used
We provide a personal recommendation and select insurances from a fair and personal analysis of the market, but for certain products, we only select product from a limited number of insurers or only offer from a single insurer which means we do not give a personal recommendation on the basis of a fair and personal analysis. We will give you further information about this before we finalise your insurance arrangements: Please see a full list of insurers we deal with at the end of this document.
If we propose using another intermediary to help place your business, we will confirm this to you in good time before any arrangements are finalised.
We may be able to offer finance for insurance instalments through Close Premium Finance, Creation Finance or Bexhill UK Ltd. We will give you further information about this before we finalise your instalment arrangements.
We will not in any circumstance guarantee the solvency of any insurer.
Complaints and compensation
We aim to provide you with a high level of customer service at all times but, if you are not satisfied, please contact us:
• In writing: Complaints Dept. Patons, Unit 9, Connect Business Village, Derby Road, Liverpool, L5 9PR
• By telephone: 0151 538 1313
• By email: [email protected]
For customers with a policy underwritten by a Lloyd’s syndicate: If you are dissatisfied with our response to your complaint, you can refer your complaint to Lloyd’s. Full details of Lloyd’s complaints procedures are available at www.lloyds.com/complaints or you can write to:
Complaints, Lloyd’s, One Lime Street, London. EC3M 7HA,
• Email: [email protected]
• Telephone: +44 (0) 20 7327 5693,
• Fax: +44 (0) 20 7327 5225
When dealing with your complaint, we will follow our complaint handling procedures; a summary of these procedures is available on request. If you are still not satisfied, you may be entitled to refer the matter to the Financial Ombudsman Service (FOS). For further information you can visit FOS website www.financial-ombudsman.org.uk, telephone 0800 023 4567, email [email protected] or write to Financial Ombudsman Service, Exchange Tower, London, E14 9SR.
Access to the FOS is available for complainants coming within one of the following categories at the time we receive their complaint:
• Consumers (private individuals acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession)
• Micro-enterprises (businesses employing fewer than 10 persons and with a turnover or annual balance sheet total not exceeding €2 million)
• Other small businesses (with an annual turnover of below £6.5 million, and less than 50 employees or with an annual balance sheet total of below £5 million)
• Charities with an annual income of under £6.5 million
• Trustees of a trust with a net asset value of under £5 million
• Certain types of Guarantor
We are covered by the Financial Services Compensation Scheme (FSCS) for our insurance mediation activities. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. If you are eligible to claim from the FSCS, compensation is available in relation to insurance advising and arranging as follows:
• 90% of the claim, without any upper limit;
• 100% of the claim without any upper limit for
– compulsory classes of insurance (such as Third-Party Motor or Employers Liability); and
– ‘pure protection’ contracts, professional indemnity insurance, and general insurance claims arising from the death or incapacity of the policyholder owing to injury, sickness or infirmity, all where the insurance intermediary has failed to pay money to an insurer, pay away money it has received from an insurer, or has failed to take steps to allow the insurer to effect the contract of insurance.
Further information about compensation scheme arrangements is available from the FSCS on 0800 678 1100 (freephone) or 020 7741 4100 or www.fscs.org.uk
Payment for our services
In return for placing business with insurers, underwriters and/or other product providers, we generally receive a commission from them which is a percentage of the annual premium that you are charged.
For arranging premium instalment facilities, we earn a variable amount of commission from our premium finance provider(s) which is usually a percentage of the interest that you pay. This means that the amount you pay for credit and the overall cost of arranging your insurance will vary according to the interest charged by the lender and the amount of commission we earn. There may be occasions where there is a choice of payment options which may charge different interest rates. Typically, we will not receive any commission from insurers if policies are placed on direct debit instalment arrangements with the Insurer. We will receive commissions from the premium finance providers.
Using premium finance or paying on an insurer direct debit arrangement (rather than paying the premium in one amount) makes the overall cost of the insurance more expensive.
A full breakdown of the cost of your insurance and the cost of credit will be provided as part of your new business or renewal quotation before you decide whether to proceed.
You are entitled, at any time, to request information regarding any commission which we may have received as a result of placing your insurance business or arranging premium finance. Please be assured that the way in which we are remunerated will not at any time conflict with our responsibilities to meet your needs and treat you fairly
We also charge you for handling your insurances and arranging your premium finance as follows:
Arranging your new policy – £75 Renewing your existing policy – £75
Amending your existing policy – £25 Mid-term cancellation (after 14 days) – £75
Late Payment or Unpaid Cheque – £25 Cancellation within 14 days (cooling off period) – £25
For policies where the Insurer does not pay us a commission, or the commission is less than 12.5%, a Broker fee will be charged to equate to 12.5% of the Insurer premium a fee plus the standard arrangement fee.
You will receive a quotation which will tell you the total price to be paid, and which identifies any fees, taxes and charges separately from the premium, before your insurance arrangements are concluded. We also draw your attention to the sections headed ‘Cancellation of insurances’ and ‘Ending your relationship with us’.
Full payment of premium and fees is due before cover commences, or as otherwise stated under terms of credit, or in the debit note, invoice or statement issued to you. Failure to pay the premium due will mean that your insurance policy might not commence or that it will be cancelled.
Where a transaction would result in a refund to you or a payment you owe to us of less than £1, due to the cost of processing, this amount will be retained by us as an additional service charge or written off.
Where you are due a refund from us, we will endeavour to pay this back to you via the same method by which you paid, otherwise a cheque will be issued. If we refund you via cheque and it remains uncashed, you will have six years to claim this money under your statutory rights after which time, it will be donated to charity.
Our financial arrangements with most insurance companies are on a ‘Risk Transfer’ basis. This means that we act as agents of the insurer(s) in collect premiums and handling refunds due to clients. In these circumstances such monies are deemed to be held by the insurer(s) with which your insurance is arranged. However, if Risk Transfer does not apply, such monies will be held by us in a Statutory Trust account set up in accordance with FCA rules. Interest earned on monies held in such a Statutory Trust account will be retained by us.
Cancellation of insurances
You should make any request for the cancellation of a policy in writing or by calling us and where requested, any relevant certificate of insurance must be returned to us or to the insurer concerned.
In the event of cancellation, charges for our services will apply in accordance with the ‘Payment for our services’ section above. If a discount was given by us this will be deducted on a pro rata basis from any refund issued by your insurer.
The terms of your policy may allow insurers to retain the premium in full or to charge short-period premiums in the event of cancellation before the policy expires.
Failure to repay any outstanding balance following cancellation could result in us taking legal action against you. It could lead to you having to pay additional costs and make it more difficult for you to obtain credit in the future. Additionally, we may pass your debt to a Debt Collection Agency to collect on our behalf.
Ending your relationship with us
Subject to your immediate settlement of any outstanding premiums and fees, you may instruct us to stop acting for you and we will not impose a penalty.
Your instructions must be given in writing and will take effect from the date of receipt.
In circumstances where we feel we cannot continue providing services to you, we will give you a minimum of 7 days’ notice. Valid reasons may include but are not limited to non-payment of premium or fees, commission clawback by insurers where instructions are given to another party to handle the customer’s insurance(s), failure to provide requested documentation or information, deliberate failure to comply with terms set out within the TOB or insurer’s documentation, deliberate misrepresentation or non-disclosure or attempted fraud, Use of threatening or abusive behaviour or language, or intimidation or bullying of our staff or suppliers.
Unless otherwise agreed in writing, if our relationship ends, any transactions previously initiated will be completed according to these Terms of Business. You will be liable to pay for any transactions concluded prior to the end of our relationship and we will be entitled to retain commission received for conducting these transactions, together with all fees charged by us for services provided.
You are responsible for providing complete and accurate information which insurers require in connection with any proposal for insurance cover. You have a duty to give a fair presentation of risk to the insurer. You should disclose every material circumstance relevant to the risk being insured following a reasonable search within your business to identify and verify such information. This should include information which you and, where applicable, your senior management, persons responsible for arranging your insurance or other relevant third parties know or ought to know. It should include all information that would influence the judgement of the insurer or that would put the insurer on notice that it needs to make further enquiries.
Examples of material circumstances are:
• Special or unusual circumstances relating to the risk;
• Any particular concerns which led you to seek insurance cover for the risk; and
• Anything which those concerned with the class of insurance and field of activity in question would generally understand as being something that would be dealt with in a fair presentation of risks for this type of insurance.
The information must be presented in a way which would be reasonably clear and accessible to a prudent insurer. If you are unsure whether to disclose any information you should speak to us. You need to take into account the size & complexity of your business and allow yourself sufficient time before your renewal date to consider and / or assess your insurance requirements.
Failure to provide a ‘fair representation’ may result in a number of remedies by the insurer. If the breach was deliberate or reckless the insurer can void the contract and keep the premium. If the breach was not deliberate or reckless the insurer can void the contract, proportionately reduce a claim settlement or amend the insurance policy terms and conditions then review the merits of a claim on this basis.
You should therefore always provide complete and accurate information to us when we ask you about the insurance risks your business faces before taking out a policy, at renewal and throughout the life of the policy. This also applies to your responses in relation to any assumptions you may agree to in the process of applying for insurance cover.
You must check all details on any proposal form or Statement of Facts and pay particular attention to any declaration you may be asked to sign. It is important that you read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention must be paid to any warranties and conditions as failure to comply with them could invalidate your policy or mean that claims may not be paid.
You must inform us immediately of any changes in circumstances which may affect the services provided by us or the cover provided by your policy.
If you are unsure about any matter, please contact us for guidance.
The processing of your personal data
In your dealings with us you may provide us with information that may include data that is known as personal data. Where we process personal data, we comply with statutory data processing requirements as set out by the Data Protection Act 2018. The personal data we will collect will include information relating to your name, address, date of birth, contact details and ‘health’ or ‘criminal offences’.
We will process your personal data to allow us to provide you with our services as your insurance broker in quoting for, arranging and administering your insurances and in arranging insurance premium finance where applicable. Your personal data will also be used to manage future communications between ourselves. Where you have agreed, or in circumstances where to do so will be in our mutual interests, your personal data will be used to provide you with further information about our wider products and services. You can opt out from receiving such communications by e-mailing [email protected].
In processing personal data for insurance purposes about health or criminal offences, we will only do so to enable us to provide our service to you and on the basis of it being in the public interest.
We will only use your data for the purpose for which it was collected. We will only grant access to or share your data within our firm or other firms associated with us, with authorised partners, third parties and our market service providers such as insurers and premium finance providers where we are entitled to do so by law under lawful data processing, or as required by law.
The Data Protection Act 2018 provides you with Access Rights that allow you to gain an understanding on the data being processed, who we share it with, for what purpose, why we need to retain it and retention periods, to object to the processing and to place restrictions on the processing, to request copies of your data and to request the deletion of your data.
If you require further information on how we process your data or you wish to exercise your rights, please contact our data privacy representative by emailing [email protected] or by writing to Patons, Unit 9, Connect Business Village, 24 Derby Road, LIVERPOOL, L5 9PR or by telephoning 0151 538 1313. How we process your personal data is detailed further within our Privacy Notice.
We, and other firms involved in arranging your insurance. Insurers, other intermediaries or premium finance companies may use public and personal data from a variety of sources including credit reference agencies and other organisations. The information is used to help tailor a price, to ascertain the most appropriate payment options for you and to help prevent fraud. Any credit reference search will appear on your credit report whether or not your application proceeds. If you have any questions about this or any other matter, please do not hesitate to contact us.
Conflict of interests
Occasions can arise where we, or one of our associated companies, clients or product providers, may have a potential conflict of interest with business being transacted for you. If this happens, and we become aware that a potential conflict exists, we will write to you and obtain your consent before we carry out your instructions and we will detail the steps we will take to ensure fair treatment.
Claims handling arrangements
You should take note of the required procedures in the event of a claim, which will be explained in the policy documentation. Generally, insurers require immediate notification of a claim or circumstances which might lead to a claim. We will employ due care and skill if we act on your behalf in respect of a claim.
List of Insurers
Equity Red Star