Terms of Business
Wealthwide Dun Laoghaire Ltd T/A Fiduciam
These Terms of Business are effective from 27/05/2015 These Terms of Business set out the general terms under which our firm will provide business services to you and the respective duties and responsibilities of both the firm and you in relation to such services. Please ensure that 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. Wealthwide Dun Laoghaire Ltd. T/A Fiduciam will provide the following services;
Ø Life and Pensions
Ø General Insurance
Wealthwide Dun Laoghaire Ltd t/a Fiduciam regulated by the Central Bank of Ireland as an Investment Business Firm authorised under the Investment Intermediaries Act, 1995 (Reference C45851), as an Insurance Intermediary under the European Communities (Insurance Mediation) Regulations 2005, as a Mortgage Intermediary (Reference C45851) under the Consumer Credit Act 1995 and as a Mortgage Credit Intermediary under Regulation 30 of the European Union (Consumer Mortgage Credit Agreements) Regulations 2016.
The foregoing information can be verified by contacting the Central Bank of Ireland, PO Box 559, Dame Street, Dublin 2, telephone 01 224 6000, (www.centralbank.ie.).
Our authorisation status can be verified on the registers maintained by the Central Bank of Ireland which can be accessed on www.centralbank.ie:
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam is subject to the Consumer Protection Code, Minimum Competency Code and the Fitness & Probity Standards. These codes can be viewed on the Central Bank’s website www.centralbank.ie.
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam. will offer advice on a fair analysis basis. This means we will research the market place and providers and recommend the best product to suit your own needs. Our principal business is to provide advice and arrange transactions on behalf of clients in relation to life & pensions/mortgages/general insurance products/deposits/investments. A full list of insurers, product producers and lending agencies with which we deal with is available on request.
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam acts as a Broker which means that:
a) The principal regulated activities of the firm are provided on the basis of a fair analysis of the market; and
b) You have the option to pay in full for our services by means of a fee.
The concept of fair analysis is derived from the Insurance Mediation Directive. It describes the extent of the choice of products and providers offered by an intermediary within a particular category of life assurance, general insurance, mortgages, and/ or a specialist area. The number of contracts and providers considered must be sufficiently large to enable an intermediary to recommend a product that would be adequate to meet a client’s needs.
The number of providers that constitutes ‘sufficiently large’ will vary depending on the number of providers operating in the market for a particular product or service and their relative importance in and share of that market. The extent of fair analysis must be such that could be reasonably expected of a professional conducting business, taking into account the accessibility of information and product placement to intermediaries and the cost of the search.
In order to ensure that the number of contracts and providers is sufficiently large to constitute a fair analysis of the market, we will consider the following criteria:
§ the needs of the customer,
§ the size of the customer order,
§ the number of providers in the market that deal with brokers,
§ the market share of each of those providers,
§ the number of relevant products available from each provider,
§ the availability of information about the products,
§ the quality of the product and service provided by the provider,
§ cost, and
§ Any other relevant consideration.
Data /Agency Transfer
Any policies written as part of the advice to which this Terms of Business relates will be written under the specific agency number allocated to us by the institution providing the recommended Insurance/ assurance policy(s). Under this ToB you agree that we are permitted to arrange transfer of the related policy(s) to a different agency number, which could be a third party regulated advisor, provided we advise you beforehand in writing giving you a minimum of two months’ notice and the authority to refuse any agency transfer at that time.
Commissions & Charges
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam receives commission from the institutions which issue any Insurance / Assurance policies which may be required resulting from the advice provided. The amount of Commissions paid to Wealthwide Dun Laoghaire Ltd. T/A Fiduciam is confirmed in writing to each client by the institution involved in underwriting the required policy. Wealthwide Dun Laoghaire Ltd. T/A Fiduciam may also charge a fee for any services provided but no fee may be charged until it has been confirmed to you in writing and the charge is accepted by you. Please refer to ‘Mortgages’ for fixed fees charged specific to mortgage applications
Through the lenders or other undertakings with which we hold an agency Wealthwide Dun Laoghaire Ltd. T/A Fiduciam can provide advice on and arrange mortgage products from the following range: fixed-rate loans, variable rate mortgages, capital & interest mortgages, interest only mortgages and residential investment property.
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam provides mortgage advice on a fair analysis basis (providing services on the basis of a sufficiently large number of contracts and product producers available on the market to enable the firm to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet your needs).
Notwithstanding our right to agree fees with you as stated in our Commissions & Charges statement we will invoice on a fixed charge basis for submission of a formal proposal seeking Approval in Principle at a rate of €250 + VAT and we will invoice on Issuing a Formal Offer/Letter of Offer from one of lending agencies at a rate of €250 + VAT.
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam holds an appointment with IFG Investment and Mortgage Services Limited t/a One Platform and through this appointment we have access to the following mortgage undertakings enabling Wealthwide Dun Laoghaire Ltd. T/A Fiduciam to provide a fair analysis of the Mortgage Market:
Haven Mortgages Ltd
KBC Bank Ireland
Pepper Finance Corporation (Ireland) D.A.C
Dilosk DAC t/a Dilosk and ICS Mortgages
Seniors Money Mortgages (Ireland) Designated Activity Company
Life & Pensions
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam provides life assurance and pensions on a fair analysis basis i.e. providing services on the basis of a sufficiently large number of contracts and product producers available on the market to enable us to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet the your needs.
We will provide assistance to you for any queries you may have in relation to the policies or in the event of a claim during the life of the policies and we will explain to you the various restrictions, conditions and exclusions attached to your policy. However, it is your responsibility to read the policy documents, literature and brochures to ensure that you understand the nature of the policy cover; particularly in relation to PHI and serious illness policies.
Specifically on the subject of permanent health insurance policies it is our policy to explain to you
a) the meaning of disability as defined in the policy;
b) the benefits available under the policy;
c) the general exclusions that apply to the policy; and
d) the reductions applied to the benefit where there are disability payments from other sources.
For a serious illness policy, we will explain clearly to you the restrictions, conditions and general exclusions that attach to that policy.
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam, through its own and appointment and an appointment with One Platform who provide us access to Insurance undertakings, Wealthwide Dun Laoghaire Ltd. T/A Fiduciam provide a fair analysis of the Life Insurance/Protection Market:
Life Assurance Undertakings
New Ireland Assurance
Irish Life (Separately to our One Platform Appointment)
Aviva Life & Pensions
Conexim Advisors Limited
Independent Trustee Company Limited
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam does not arrange products from the following range: household, motor, commercial, public liability, employer liability, and travel insurance.
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam can provide advice and arrange deposit products through our appointment with One Platform who have the following undertakings currently held.
1. Permanent TSB
2. Investec Bank plc
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam is remunerated on a commission basis and other payments from product producers or lender on completion of business. You may elect to pay in full for our services by way of a fee. When we receive recurring commission, this forms part of the remuneration for initial advice provided. Wealthwide Dun Laoghaire Ltd. T/A Fiduciam may also opt to charge a fee in certain circumstances. If this occurs, you will be fully appraised of the cost involved and a signed authority form will be obtained from you.
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam may also opt to charge a fee in certain circumstances. As set out in the Mortgages section we will issue fixed fee invoices at certain stages of the mortgage application process.
Conflict of Interest Policy
It is the policy of the firm to avoid any conflict of interest when providing business services to its clients. However, where an unavoidable conflict may arise we will advise you of this in writing before proceeding to provide any business service. If you have not been advised of any such conflict you are entitled to assume that none arises.
Default of payments by clients
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam will, if necessary exercise its legal rights to receive any payments due to it from clients for business services provided by it and, to be reimbursed for any value obtained by the firm on behalf of clients who subsequently default in any payment due to the firm.
Product producers may withdraw benefits or cover on default of any payments due under any products arranged for your benefit. Details of these provisions will be included in your product terms and conditions.
Mortgage lenders may seek early repayment of a loan and interest if you default on your repayments. Your home is at risk if you do not maintain your agreed repayments.
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam complies with the Data Protection Act, 1988 and 2003, treating all personal data as confidential information. Wealthwide Dun Laoghaire Ltd. T/A Fiduciam will use this data only for the purpose(s) intended Wealthwide Dun Laoghaire Ltd. T/A Fiduciam will not disclose such information except as permitted by you or as required by law.
We would also like to keep you informed of mortgage, insurance, investment and any 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 do not wish to receive such marketing information please advise us in writing.
It is in your best interests that you review, on a regular basis, the products & advice which we have provided for you. As your circumstances change, your needs will change. You are strongly advised to contact us in the event of any change in your circumstances or requirements and request a review of the relevant policy and advice so that we can ensure that you are provided with up to date advice and products best suited to your needs. Failure to contact us in relation to changes in your circumstances or failure to request a review, may result in you having insufficient insurance cover and/or inappropriate investments.
A customer defines a complaint as an expression of dissatisfaction, whether justified or not. Complaints may come from a number of different forms. In order for the firm to carry out a full and thorough investigation all complaints must be received in writing.
All complaints should be made in writing and addressed to:
Brian Croke, Managing Director, Wealthwide Dun Laoghaire Ltd. T/A Fiduciam, Lioscarran Mews, 32a Dale Road, Stillorgan, Co. Dublin.
To respond to complaints in a courteous, timely and fair manner.
To endeavour to address the specific issues raised by our customers, and where appropriate, update our procedures to avoid re-occurrence of problems.
To endeavour to achieve a situation where our customer feels we have addressed the complaint
Where customers remain dissatisfied with the outcome of our efforts to resolve their complaint, to ensure they are notified of their right to refer their grievance to the Financial Services Ombudsman if applicable.
Contact details of Financial Services Ombudsman as follows:
3rd Floor, Lincoln House, Lincoln Place, Dublin 2.
Lo call 1890 88 20 90,
Telephone 01 662 0899,
Fax 01 662 0890
Contact details of Pensions Ombudsman as follows:
36 Upper Mount Street, Dublin 2
Telephone 01 647 1650,
Fax 01 676 9577
All complaints will be dealt with as follows:
The complaint can be received in written or verbal format. Where the complaint received is verbal, the complainant will have the opportunity to have the complaint treated as a written complaint.
Details of all oral complaints are recorded in writing
The complaint is recorded and documented on the customers file.
The complaint is acknowledged within 5 business days of receipt of the complaint. A copy is placed on the customers file.
The Complainant shall receive a regular written update on the progress of the investigation at intervals of not greater than 20 business days, while the investigation of the complaint is ongoing.
We will endeavour to investigate and resolve the complaint within 40 business days of receipt of the complaint. Where 40 business days have elapsed and the complaint is not resolved, the complainant will be informed of the anticipated timeframe within which we hope to resolve the complaint and the complainants’ right to refer the matter to the Financial Services Ombudsman or the Pensions Ombudsman.
Within 5 business days of the completion of the investigation of a complaint, the firm will send the complainant a letter explaining clearly the outcome of the investigation and, if appropriate, explaining the terms of any offer of settlement which the firm is prepared to make in settlement of the complaint.
Any subsequent or follow up queries will be dealt within 5 business days of receipt of the enquiry.
Where it has not proved possible to resolve the customer’s complaint, and the complainant remains dissatisfied with the outcome and the firm believes it cannot make any further progress on the matter, the complainant will be advised of this and they are entitled to refer their complaint for consideration to the Financial Services Ombudsman or the Pensions Ombudsman.
All correspondence in relation to customer complaints will be retained for a minimum period of six years from the date of the last correspondence about the matter.
The firm will provide information about the subject matter of the complaint to the Financial Services Ombudsman or the Pensions Ombudsman, if requested to do so when a complaint has been referred to the Ombudsman by a customer.
The complaint log will be retained permanently and will be available for inspection by the Financial Services Ombudsman, Pensions Ombudsman and the Central Bank of Ireland.
Investor Compensation Scheme
Wealthwide Dun Laoghaire Ltd. T/A Fiduciam is a member of the Investor Compensation Scheme, which provides certain remedies to eligible clients on default by the firm. Your legal rights against the firm are not affected by this scheme.
Under 38 (1) of the Investor Compensation Act, 1998, I wish to draw your attention to the following:
a) The Investor Compensation Act, 1998, provides for the establishment of a compensation scheme to certain clients (known as eligible investors) of authorised investment firms, as defined in that Act.
b) this firm is a member of the compensation scheme
c) compensation may be payable where money or investment instruments owed or belonging to clients and held, or in this case of investment instruments, administrated or managed by this firm cannot be returned to those clients for the time being and there is no reasonably foreseeable opportunity of the firm being able to do so.
d) a right to compensation will arise only:
I. if the client is an eligible investor as defined in the Act,
II. if it transpires that this firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm , and III. to the extent that the clients loss is recognised for the purposes of the Act.
e) Where an entitlement to compensation is established, the compensation payable will be the lesser of:
90% of the amount of the clients loss which is recognised for the purposes of the Investor Compensation Act 1998 or
Compensation of up to Eur20, 000.
For further information, contact the Investor Compensation Company Ltd. at (01) 224 4955.
Fixed rate warning
Warning: You may have to pay charges if you pay off a fixed rate loan early.
Variable Rate Warning
The cost of your monthly repayments may increase - If you do not keep up your repayments you may lose your home.
Consolidated Debt warning
This new loan may take longer to pay off than your previous loans. This means you may pay more than if you paid over a shorter term.
Interest Only warning
The entire amount that you have borrowed will still be outstanding at the end of the interest only period.