1. Agreement
1.1. You are asking us to help you with your debts, and we agree to act as your debt advisors and provide the services outlined in this agreement. The agreement starts when we receive the signed Client Authority Form, and you make your first monthly payment. It will continue until you finish making all your monthly repayments to your creditors, or if either you or we decide to end the plan as explained in section 7 (Termination of Agreement).
1.2. Take your time to read and understand these Terms and Conditions so that you know exactly what you need to do and what services we will provide.
1.3. These Terms and Conditions are based on English law and are written in plain English, which we will use to communicate with you throughout the agreement.
1.4. When you ask us to handle your financial matters, we will only negotiate with the creditors included in your DMP on your behalf.
1.5. It’s important to know that if we advise you to stop making direct payments to your unsecured creditors and instead pay us through your DMP, your debts may increase for a period of time, and you might fall behind or further behind on your payments.
2. Our Responsibilities
2.1. We will carefully go through the information you give us about your income and expenses. Based on that, we will create a DMP for you. This plan will suggest a Monthly Payment that we think you can manage within a certain timeframe. The Monthly Payment will cover the amount you need to repay to your creditors every month, along with our fees.
2.2. We will tell your creditors about our agreement and negotiate with them on your behalf to get them to agree to new payment terms. We will work hard to convince them to freeze or reduce the interest charges and stop any legal actions against you. We will keep you updated on how things are going. But it’s important to know that we can’t promise that they will agree to these terms. And there’s no guarantee that any ongoing or future legal actions will be stopped.
2.3. If your situation changes and you can no longer afford the Monthly Payment, we will review your financial situation to make sure the DMP is still affordable and suitable. We will talk to your creditors again if needed and change the DMP to fit your new situation.
2.4. We will pay your Creditors according to the DMP payment terms, see section 6.
2.5. When you make your monthly payment to us, we will secure the funds in a separate non-interest-bearing client bank account. This account is protected by an insurance policy, so your money is safe.
2.6. Once a year we will send you a statement that shows a list of your creditors, the progress of our negotiations with them, the monthly payments you made, and the fees we charged you.
2.7. We are not authorised to lend you money or offer you any credit facilities.
2.8. When we talk to you for the first time or when we review your situation, we will ask you questions like, how much you earn, how much you need to spend, and how much you owe. Based on what you can afford and the how much you owe, we will tell you about debt solutions that may be suitable for you.
2.9. We will confirm the debt solution you choose, and if we offer that solution, we will contact your creditors on your behalf. If we don’t offer the chosen debt solution, we will provide you with additional information on where to seek help.
2.10. We may suggest that if you have an active bank account with one of your creditors, that you open a separate bank account with a different organisation that you don’t owe any money to.
2.11. If your DMP is in joint names with other person(s), we will consider instructions from any person named in the plan as instructions from all the individuals listed in the DMP.
3. Your Responsibilities
3.1. To provide us with accurate and relevant information about your financial situation. This includes details about your income, expenses, creditors, existing agreements, loans, mortgages, dependents, and any legal judgments against you.
3.2. To provide proof of your income and expenses when returning the signed documents, and at least once a year thereafter.
3.3. Sign the authorisation form and make the agreed Monthly Payment towards the DMP.
3.4. Send us any statements or documents received from your creditors, as well as information about the money you owe them. Once the DMP begins, do not use your credit cards or take out any new loans or other forms of credit. It’s important to keep to the expenditure set out in the DMP and avoid getting more debt.
3.5. Tell us anything changes to your financial situation so we can update the plan for you.
3.6. Continue to make payments on any secured loans, mortgages, hire purchase agreements, and household bills. It’s important to keep up with your priority payments such as tax payments, fines, child support, and any debts that could result in loss of essential goods or services, or eviction or repossession of your home.
3.7. Keep paying for your debt plan. If you can’t make the monthly payment, we will stop doing things for a while and your creditors might take legal action against you. We can’t control what they do. There’s also a risk that you could be declared bankrupt.
3.8. Cancel any payment protection insurance or charges such as monthly premiums on your bank account, if you don’t use them.
3.9. Do not to ignore any correspondence you receive from your creditors.
3.10. Complete a review of your personal and financial circumstances at least once a year. If you don’t, it may make it difficult for us to keep helping you with your DMP.
4. Regulation
4.1. We, Bridgewater Support Solutions Ltd (company number 07556890), also known as DFH Financial Solutions, are authorised, and regulated by the Financial Conduct Authority (FCA). Our firm reference number is 669218. You can confirm this by checking the FCA’s Register on their website at www.register.fca.org.uk or by contacting the FCA directly at 0800 111 6768.
5. Fees
5.1. Initial Fee: When you start the DMP, there is an Initial Fee. It is equal to 49% of your monthly payment per month, taken from your first six monthly payments (up to £200 maximum). Your fees will never exceed 50% of your monthly payment. This fee covers creating a budget, negotiating with creditors, agreeing on outcomes, administering the plan, and setting up repayments.
5.2. Monthly Management Charge: Starting from the seventh month, there is a monthly management charge of 23.5% of your monthly payment (£39.50 minimum, £100 maximum). This charge covers distributing repayments, providing support and advice, handling legal issues, conducting reviews, and adjusting the plan if needed.
5.3. The total fees each month, including setup and management charges, will never exceed 50% of your monthly Payment and covers the ongoing maintenance of your DMP.
5.4. Our fees do not include VAT or other sales tax. Our services are currently VAT exempt.
5.5. Our services are provided for profit, and we can only assist when we can take fees from your disposable income.
6. Payment Terms
6.1. Your monthly payments to the DMP will go into our client account. From this, we will take out the agreed monthly repayment to your creditors and any applicable initial set up/monthly management fees.
6.2. We will send the monthly repayments to your creditors within five working days after the funds have cleared.
6.3. Because you may be paying less than before, your creditors might receive smaller payments, which means your account with them could fall behind.
6.4. If you don’t give us all the necessary information, like the reference/account number and sort code for a creditor, we won’t be able to send them the payment. This might cause the creditor to add more interest and charges, and it could affect your credit record and your chances of getting credit in the future.
6.5. If you provide an amount lower than your Monthly Payment, for example a weekly or fortnightly payment, we will hold it until the full payment is received, and then distribute it to your creditors. You can request the return of any held funds (minus fees) at any time.
6.6. We will confirm the payments sent to your creditors and provide information on the retained amount via post or email.
7. Termination of Agreement
7.1. You have the right to cancel the Agreement within 14 days after you agreed to the terms (as explained in 1.1). This is called the “cooling off” period. You won’t be charged if you cancel during this time. You can cancel by calling us on 0161 228 6194, writing to us at DFH Financial Solutions, Bridgewater House, 58-60 Whitworth Street, Manchester, M1 6LT, or emailing us at customerservices@dfh.co.uk. Within 30 days, we will give you back any money that hasn’t been paid to your creditors yet.
7.2. After the 14-day cooling off period, you can end the Agreement anytime using the contact details we provided. If you end it, we may keep the Initial Setup Charge or Monthly Management Charge for the work we have already done for you.
7.3. We may terminate the Agreement by giving you a two-week written notice in the following situations:
7.3.1. You fail to make 3 consecutive Monthly Payments to the DMP.
7.3.2. If you seriously or repeatedly break the Agreement.
7.3.3. If you go bankrupt or make arrangements with your creditors directly.
7.3.4. If something beyond our control, stops us from doing our job.
7.3.5. If we are unable to review your DMP or our review suggests ending it, for any reason.
7.4. It’s your responsibility to cancel any payment arrangement set up with your bank.
8. When the agreement ends
8.1. When the Agreement is terminated, our responsibilities and obligations under the Agreement will no longer apply.
8.2. Within 30 days after the Agreement ends, you can ask us to return any paperwork we have received from you or your creditors that we have kept or that you have provided to us. After the 30-day period, we have the right to securely destroy any paperwork we hold.
8.3. Your obligation to your creditors will continue for any remaining amounts you owe them beyond the Monthly Repayments made under the DMP.
9. Data Protection Statement
9.1. We adhere to the General Data Protection Regulations (GDPR) and the Data Protection Act 2018 when handling your data. Our Privacy Notice, which outlines how we collect and process your personal information, can be found on our website, or requested by contacting us via email, phone, or mail.
9.2. With your permission we may use your personal information to offer you other products and services we think you might be interested in. If you don’t want us to share your personal information, please let us know in writing, by phone, or by email.
9.3. You can ask us for a copy of the information we have about you.
9.4. If you were referred to us by a third party, we may pay a referral commission. Contact us for more details.
9.5. We may transfer our rights and obligations under the Agreement to another entity, ensuring they provide the Services on similar or better terms.
9.6. If you choose to receive information electronically, it’s important for you to keep your devices safe. Let us know right away if anything changes or if you think someone might try to get your information without permission.
10. Important Information
10.1. Some Creditors may still charge interest or additional fees, which will be included and paid off as part of the DMP.
10.2. Contractual payments may not be met during the DMP.
10.3. The DMP is likely to adversely impact on your credit file. It may make it difficult to obtain credit in the short term, and there is a chance that obtaining credit in the medium to long term may also be challenging.
10.4. Reduced or missed payments to your Creditors can affect your credit rating and increase the risk of falling into arrears or further arrears. This may result in debt recovery actions, such as default notices and legal proceedings, which can lead to additional costs for you.
10.5. Making reduced payments to your Creditors can result in them issuing default notices that will be recorded on your credit file for 6 years.
10.6. We are not solicitors or legal advisors, so we cannot provide you with any legal advice if any of your Creditors take further action.
10.7. We won’t arrange for someone to represent you at a court hearing unless we’ve agreed to do so beforehand, and there might be an extra fee for this service.
10.8. If there is an alternative debt solution available to you, we will provide you with additional information about any suitable options.
10.9. Free debt counselling services are available to customers. You can find out more information by contacting MoneyHelper through this link.
10.10. The Insolvency Service (England and Wales), the Department of Enterprise, Trade, and Investment (Northern Ireland), and debt advice published by the Scottish government are some of the places where you can find information that is not biased and can help you with dealing with the people you owe money to.
11. Complaints
11.1. We hope you won’t have any reason to be unhappy with our services. But if you are, please call us at 0161 228 6194. We’ll listen to your complaint and do our best to resolve the issue. If you prefer, you can also send a letter to DFH Financial Solutions, Bridgewater House, 58-60 Whitworth Street, Manchester, M1 6LT, or email us at customerservices@dfh.co.uk.
11.2. We’ll try to solve the issue within three working days. If we can’t, or if you’re still not happy with our response, we’ll look into it more and send you a final written answer within 8 weeks. We might need more information from you to help with our investigation.
11.3. If you’re still not satisfied after our final response, or if it has been 8 weeks since you complained, you can contact the Financial Ombudsman Service. You can write to them at Financial Ombudsman Service, Exchange Tower, London, E14 9SR, or call them toll-free at 0800 023 4567.
12. Variations
12.1. We may update these Terms and Conditions occasionally. If we do, we will notify you at least 28 days in advance. If you don’t agree with the proposed changes, you can cancel the Agreement.