MAIN TRANSPARENCY PROVISIONS RELATED TO CREDIT BROKERAGE ASSIGNMENT
This notice contains the statement of rights and measures of protection for clients. This notice is related to regulations on transparency measures for operations related to financial services according to Title VI of Legislative Decree 385/1993of the Unified Banking Code (Testo Unico Bancario), and subsequent amendments, of Art. 16, Law 108/96, of CICR Resolution of March 4th 2003, of UIC Provision of April 29th 2005 and of supervisory instruction provided by the Bank of Italy.
INFORMATION ABOUT CREDIT BROKER
We are Best Italian Mortgage a brand of Best French Mortgage Ltd, a Euro mortgage brokerage whose registered office is 227A West Street, Fareham, Hampshire, PO16 0HZ, UK.
RIGHTS OF CLIENT
Clients have the right:
- to find available and to take away a copy of this “notice”;
- to find available and to take away a copy of the “fact sheets”, dated and updated, and containing detailed information about Credit Broker, features and typical risks of Credit Brokerage, financial conditions and contractual clauses regulating Brokerage;
- Where Credit broker makes use of remote ways of communication, this notice and the fact sheets, shall be made available in paper or on digital formats;
- to obtain information about the operations or the provided services;
- to obtain, before the close of the brokerage Agreement, without terms and conditions, a suitable and complete copy of the brokerage Agreement, which also includes the Abstract, to be analyzed. The delivery of that copy is not binding for the parties to the signature of the mentioned contract.
- to receive a copy of the signed brokerage Agreement;
- to obtain, at their expenses, within, and not later than 90 days, a copy of the documentation referring to any single transaction in the previous ten years.
- to be informed about complaint procedures and extrajudicial disputes settlement available for Client and about how to access them; to withdraw from the contract at any time by parcel with advice of delivery;
- to apply to the competent Court in case of disputes. The competent Court will exclusively be that of Fermo. Should Client be qualified as a Consumer, the competent Court will be that of Client’s place of residence.
MEASURES OF PROTECTION FOR CLIENT
- requirement of the brokerage Agreement in a written form, on penalty of nullity;
- requirement, where the offer is held in any different place from Credit broker’s domicile or his/her headquarters and before the close of the brokerage Agreement, to deliver a copy of this notice and the fact sheets relating to the provided service. Client shall deliver to Credit Broker partner an attestation of successful delivery of those sheets, even signing and dating a copy of them for receipt.
- requirement, where an out of office offer may occur, to deliver a document containing the Global Medium Effective Rates (TEGM) to Client, to prevent usury.
- requirement to delivery to Client, before the close of the brokerage Agreement, the notice containing the main transparency provisions, the fact sheet relating to financial operations provided by banks or financial intermediaries, the document “Main Rights of Client”; the “Guide” about mortgages provided to Client (in the case of a mortgage loan) and the “Guide for the access to procedures of extrajudicial settlements for disputes” in accordance with art. 128 bis of TUB- Consolidated Law on Banking (Arbitro bancario finanziario- banking financial arbitrator), the “Comparative Sheet” referring to loan agreements secured by mortgage for the purchase of the main residence (except the case of provision of a single sheet containing information about all types of provided loans);
- a document containing the Global Medium Effective Rates (TEGM) provided by Law 108/1996 in force time by time; a copy of the loan application form.
- requirement to deliver the information document for the treatment of personal data for the fulfilment of the obligations according to arts. 13 and 23 of Legislative Decree 196/03;
- requirement to indicate in the brokerage Agreements every commission and other fees, conditions and expenses which shall be charged to Client.
- the nullity of the contractual clauses referred to usage for the determination of Credit Brokerage commissions and any other remuneration and clause which may provide more disadvantageous prices and conditions than those advertised in the information sheets.
- right to complaint, should Client consider that transparency provisions mentioned on this sheet, have not been respected; complaint shall be sent to the Body as in art. 128 undecies of Legislative Decree 385/1993, which will verify the suit through the necessary inspections and respond to that complaint.
ADDITIONAL MEASURES OF PROTECTION FOR CLIENT AS A CONSUMER:
- requirement to find indication in advertisements referring to Credit Brokerage activities, of the details about Registration on UIF Register and about instance of registration on Credit Brokers Register, held by O.A.M., and to find indication about the Credit Brokerage service which is a professional business activity which relates, even through consultancy, banks or financial intermediaries to potential clients with the aim of granting loans in whatever form. That service cannot guarantee about the actual disbursement of the requested loan.
- requirement to find in advertisements referring to financing operations, the indication of the interest rate or any other amount related to loan expenses, specifying the bank or the financial intermediary lender, and where required, the TAEG/APR rate or ISC (Synthetic indicator of Cost), which shall include transaction costs for credit brokerage where included in the computation.