Professional Documents
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Terms of Business
Terms of Business
Thank you for asking us to arrange your insurance. By doing so you are providing your informed agreement
to these Terms of Business. We draw your particular attention to the sections headed “Personal data”,
“Credit checks” and “Handling money”. For your own benefit and protection, you should read these terms
carefully - if you are unsure about any aspect of them or have any questions regarding our relationship with
you, please contact us (details at bottom of page).
Lexham Insurance Consultants Ltd (“Lexham”) is authorised and regulated by the Financial Conduct
Authority (FCA), Financial Services Register number 303917. Our permitted activities are introducing,
advising, arranging, dealing as agent, assisting in the administration and performance of general insurance
contracts and also credit broking (and supplementary debt-related administration) in relation to insurance-
related finance 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.
Lexham also trades as Marble Arch when handling claims.
Our services
We source and arrange products and provide information but do not offer specific advice or make personal
recommendations when arranging your insurance. However, we may ask some questions to narrow down
the selection of products on which we will provide details; you will then need to make your own choice about
how to proceed.
We are and act as an insurance intermediary. We will usually act on your behalf when arranging your
insurance, when helping you make any changes to your policy, when you renew your insurance and in the
submission of a claim. However, we act for Alwyn Insurance Company Ltd by handling claims on their
behalf. If there are any other circumstances where we act as an agent of the insurer, we will let you know
the capacity in which we act before we finalise your insurance arrangements.
As a credit broker we introduce clients to only one provider of loans, LXM Management Ltd (“LXM”), though
you are free to arrange finance wherever you wish. LXM is a related company (a common majority
shareholder) and is also authorised and regulated by the Financial Conduct Authority (Register number
720269). Some insurers may also offer instalment facilities.
Complaints
We aim to provide you with a service you will be entirely satisfied with and we work hard to resolve the
occasional problem or misunderstanding that occurs. If for any reason we do not succeed, please direct your
complaint to our Operations Manager – contact details shown below. If this still does not resolve the matter,
you may refer to the Financial Ombudsman Service (www.financial-ombudsman.org.uk). A copy of our
complaint handling procedures is available on request, but there are no specific requirements to making a
complaint – you can tell us by phone, email or letter.
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If you have a problem relating to a service provided by your insurer, eg in connection with a claim, please
contact them (or their nominated service provider), as shown in your policy document.
In the unlikely event that we or your insurer cannot meet our contractual liabilities, you have the benefit of the
statutory Financial Services Compensation Scheme (details at www.fscs.org.uk or 02077 414100).
Handling money
Our arrangements with insurers are all on a “risk transfer” basis, which means that we act as their agent in
collecting monies from and handling refunds to clients, as well as the transfer of claim monies. Such monies
are deemed to be held by your insurer.
If you continue to fail to pay any amount due, including repayments of a loan arranged in connection with this
insurance, we may pass your debt to another firm who may take a different approach to debt collection. Such
failure to pay will probably already have resulted in the cancellation of the insurance and could affect your
credit rating and possibly lead to court action. You will also have to pay the costs of efforts to obtain
payment. If at any time you have difficulty making payment, please discuss the matter with us urgently.
Cancellation
To cancel your insurance call our cancellations team on 01379 643610 between 9am & 6:30pm weekdays,
or email or write to us as shown below. No refund will be given if a claim has been (or is likely to be) made
and cancellation of motor insurance cannot be backdated. If the policy is found to be set up using fraudulent
data, the policy will be voided from inception with no return of premium.
You may cancel your insurance within 14 days of receiving your policy documents or of cover being
arranged, in which case a full refund will be made less a charge to cover costs incurred and the cover
provided until cancellation date.
At any time after this, any cancellation refund will be as stated in the policy wording. For motor insurance,
some insurers give a proportionate refund whereas others have a sliding scale (with no refund after 8
months, for example), and there is no refund at all for the cancellation of some optional supplementary
covers – see the policy wording for full details. An administration fee for cancellation will apply as stated in
“Payment for our services” above.
The insurer may cancel your insurance at any time, with a proportionate premium refund (or no refund if
there has been or is likely to be a claim). The policy is likely to terminate following a total loss claim.
Your responsibilities
If you are a consumer (any person who is acting for purposes which are outside of your trade or profession),
it is your responsibility to answer all questions honestly, fully and to the best of your knowledge, providing
complete and accurate information, or your cover may not be valid. If you misrepresent or fail to disclose
information about which you are asked, the insurance may be invalid.
Insurers may not deal with a claim if the risk is different from what they have been told so it is important to tell
us as soon as possible (preferably in advance) of any change that occurs during the year – common
examples include changes in occupation or address or drivers, or modifications to the vehicle.
Before each renewal you must also inform us of any new convictions or pending charges.
You should carefully check all documents supplied to you and your responses to all questions and
declarations.
If you are a commercial customer (any person who is not a consumer), you have a duty to give a fair
presentation of risk to the insurer. This means that 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 and
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.
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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.
If you are in any doubt, or if you have questions at any time, please contact us on 01379 652500. Our
normal hours are 8:30am to 7pm weekdays and 9:30am to 4:30pm Saturdays.
Renewals
A few weeks before the renewal date of your insurance, we will send you details showing the premium due
for the next year and the information on which this is based. We will normally send these by email unless we
don’t have your email address or if you have told us you wish to receive paper copies. It's very important you
check these and tell us if anything has changed. We may invite renewal with your existing insurer, or we may
suggest a change if this might benefit you.
Rarely, we may have to advise that we are not able to invite renewal, in which case we will inform you in
good time. We will not “auto renew” and you must arrange payment before renewal date to remain insured.
Personal data
In your dealings with us you will provide 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 datacontrol@lexhaminsurance.co.uk
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 associated firms, with other authorised third parties and product and service providers such as
insurers and premium finance providers where we are entitled to do so by law under lawful data processing.
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 write to Data Protection, Lexham Insurance, Gilray Road, Diss,
Norfolk IP22 4NG or email datacontrol@lexhaminsurance.co.uk How we process your personal data is set
out in our Privacy Notice which can be found at www.lexhaminsurance.co.uk/privacy-and-cookies
Credit checks
We, insurers and finance providers may use public and personal data from a variety of sources including
credit reference agencies and other organisations when considering and arranging your insurance or loan.
The information is used to help tailor a price, to ascertain the most appropriate payment options for you and
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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, please do not hesitate to contact us.
Conflict of interests
Occasions can arise where we, or one of our associated companies or product providers, may have a
potential conflict of interest with business being transacted for you. We have already identified above that we
handle claims on behalf of Alwyn Insurance Company Ltd and that we introduce customers to LXM
Management Ltd regarding loans. We also introduce customers who may have suffered injury following a
no-fault road accident to CAM Legal Services Ltd (CAM) for possible legal assistance – CAM is a related
company (a common majority shareholder) and is authorised and regulated by the Solicitors Regulatory
Authority. If we become aware of other circumstances of potential conflict, we will contact you to obtain your
prior consent and ensure fair treatment.
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Lexham Insurance Consultants Ltd
Gilray Road, Diss, Norfolk IP22 4NG Tel: 01379 646504 Fax: 01379 642560 Email: enquiries@lexhaminsurance.co.uk
Authorised and regulated by the Financial Conduct Authority Registered Office: As above Registered in England No. 3897329
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